1.      Scope

        a.        These terms and conditions apply to all users of the web and mobile application "Hive" (hereinafter referred to as the "App") provided by aeffect GmbH (hereinafter referred to as the "Provider").

        b.       By using the App, users agree to these terms and conditions.

2.       Registration and Authentication

        a.        In order to use the App, users must register and authenticate themselves.

        b.       The users are obliged to provide accurate information during the registration process and to ensure that their data remains current and up to date.

        c.        The users shall be solely responsible for ensuring the security and confidentiality of their access credentials and shall refrain from disclosing them to any third party.

3.      Application Usage

        a.       The App allows users to subscribe to a charitable organization of their choice and make donations to that organization. The donations are tracked and analyzed through the App

        b.      The Provider (aeffect GmbH) reserves the right to restrict or block access to the App at any time, particularly in the event of a breach of these terms and conditions or suspected misuse.

4.      Donations

        a.        A transaction fee of 4.4% will be applied to donations made through the App, which will be deducted directly from the donation amount.

        b.       The donations will be sent cumulatively, at the latest on a monthly basis.

        c.        The donated fiat amount will be converted into points (CHANGE) and tracked in real-time within the App.

        d.       Should a donation be unable to be executed, users shall have the right to designate an alternative recipient (cause) for the donation.

5.     Donation Data Accuracy 

        a.        aeffect GmbH is committed to continuously enhancing the onboarding, verification, and quality processes of charitable organizations on the aeffect platform. However, it is acknowledged that charitable organizations may, on occasion, maintain or update their data erroneously or fail to keep it up to date. In such instances, aeffect GmbH assumes no liability for the accuracy, completeness, or currency of the information maintained by the charitable organizations within the App. It is the sole responsibility of the charitable organizations to ensure the maintenance and timely updating of their information. This provision particularly pertains to key performance indicators relating to the efficacy of charitable projects.

        b.       aeffect is developing an algorithm to assess the reliability and effectiveness of charitable organizations in a comprehensive manner. The evaluations are based on publicly available information and data provided by third parties. aeffect GmbH does not provide any guarantee regarding the accuracy or completeness of the data and shall not be held responsible for any damages arising from the use or inability to use the evaluations, including but not limited to direct, indirect, incidental, special, or consequential damages.

6.       Evaluation and Certification Companies

        a.  Evaluation and certification companies are independent entities engaged by aeffect GmbH to assess and certify the reliability and effectiveness of charitable organizations. These companies conduct thorough evaluations based on predefined criteria and provide certifications accordingly. It is important to note that aeffect GmbH does not endorse or guarantee the accuracy or completeness of the evaluations or certifications provided by these independent entities. Users are advised to exercise their own judgment and due diligence when considering the information and certifications provided by such evaluation and certification companies. aeffect GmbH shall not be liable for any damages arising from the reliance on or use of these evaluations or certifications, including but not limited to direct, indirect, incidental, special, or consequential damages.

7.      Data Protection 

        a.       The Provider diligently adheres to all applicable data protection laws and regulations.

        b.       Personal data of the users will only be collected, processed, and used in accordance with legal provisions.

        c.        Personal data of the users will not be disclosed to third parties without prior consent, unless such information is required for the purpose of processing the donation.

        d.       By accepting these General Terms and Conditions, the customer expressly consents to the processing of their personal data for marketing purposes. This includes the processing of their name, address, email address, and telephone number. The customer retains the right to revoke this consent at any time. To initiate the revocation process, the user may send an email to datenschutz@aeffect.io from the email address associated with their user profile or disable the consent through the profile settings within the App.

        e.       The users have the right to request information about the stored data at any time and to request the correction, blocking, or deletion of this data.

8.       Jurisdiction

        a.      The exclusive place of jurisdiction for any and all disputes arising out of or in connection with this agreement, including disputes arising from non-contractual obligations, shall be Mannheim. The contracting party explicitly consents to the application of this jurisdiction.

9.       Severability Clause

        a.       In the event that any provision of these General Terms and Conditions is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remaining provisions. The parties hereby undertake to negotiate and agree upon a substitute provision that achieves, to the greatest extent possible, the economic purpose of the invalid provision. The same shall apply in the event of any regulatory gap.