Facthory Terms of Use

By accessing and using this site or any other online service operated under theFacthoryproduct byBandpey GmbH(“Facthory”, “Bandpey”, “we”, “us”), you accept the following terms and conditions,without limitation or qualification.

Unless otherwise stated, the contents of this site – including, but not limited to, the text and images contained herein and their arrangement – are the property of Bandpey GmbH. All trademarks used or referred to on this website are the property of their respective owners.

Nothing contained on this site shall be construed as conferring, by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark, or other proprietary interest of Bandpey GmbH, Facthory, or any third party.

This site and the content provided on this site – including, but not limited to, graphic images, audio, video, HTML code, buttons, and text – maynotbe copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Bandpey GmbH,exceptthat you may download, display, and printone copyof the materials on any single computer solely for yourpersonal, non-commercialuse, provided that:

• You do not modify the material in any way; and
• You keep intact all copyright, trademark, and other proprietary notices.

Information on This Site and Linked Services

The information provided on this site isfree of chargeand forinformational purposes only. It doesnotcreate a business, contractual, or professional services relationship between you and Bandpey GmbH / Facthory.

Links on this site may lead to services or websitesnot operatedby Bandpey GmbH. We make no judgment, representation, or warranty with respect to such other services or sites and Bandpey GmbH assumesno responsibilityfor such external sites or services. A link to another site or service doesnotconstitute an endorsement of that site, service, or its provider.

Any use you make of the information provided on this site – or on any site or service linked to by this site – isat your own risk.

Disclaimers and Limitation of Liability

This site and its contents are provided“as is”, and Bandpey GmbH / Facthory makesno representation or warranty of any kindwith respect to this site or any site or service accessible through this site.

To the fullest extent permitted by applicable law, Bandpey GmbH expressly disclaimsall express and implied warranties, including, but not limited to:

• The implied warranties of merchantability
• Fitness for a particular purpose
• Title
• Non-infringement

In no event will Bandpey GmbH or its third-party service providers be liable to any party for any:

• Direct,
• Indirect,
• Incidental,
• Special,
• Exemplary,
• Consequential,

or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data),regardless of the form of actionand whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with:

• This site,
• Any content on or accessed through this site or any site/service linked to this site, or
• Any copying, displaying, or use thereof.

Governing Law and Jurisdiction

Bandpey GmbH maintains this site inMunich, Germany.

You agree that these Terms of Use and any legal action or proceeding relating to this site shall be governed by the laws of theState of Bavaria (Freistaat Bayern), Germany,without reference to its choice-of-law rules.

If you attempt to bring any legal proceedings against Bandpey GmbH, you specifically acknowledge that Bandpey is free to choose the jurisdiction of its preference as to where such action against us may be held. As you have agreed, by using this site, to choose the laws of the State of Bavaria to govern any such proceedings, we will in all likelihood choose to defend any such action inMunich, and we may make this decision entirely as it suits us, without regard to:

• Where in the world you are located, or
• From where in the world you visited this site.

Compliance With Local Laws and Submission of Information

You are responsible for complying with the laws of the jurisdiction from which you are accessing this site, and you agree that you will not access or use the information on this site in violation of such laws.

Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemednon-confidentialandnon-proprietary.

You represent that:

• You have the lawful right to submit such information; and
• You willnotsubmit any information unless you are legally entitled to do so.

Because of the open nature of the Internet, we recommend that youdo not submit information you consider confidential.

Unauthorized Idea Submissions

Bandpey GmbH doesnotaccept unauthorized idea submissions (including, but not limited to, product ideas, feature suggestions, marketing concepts, or other proposals)outside of established business relationships.

To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly,without a clear, pre-existing business relationship, Bandpey:

• Cannot and does not treat any such submissions as confidential; and
• Assumes no obligation with respect to such submissions.

Accordingly,please do not communicate unauthorized idea submissionsto Bandpey / Facthory through this website.

Any ideas disclosed to Bandpey outside a pre-existing and documented confidential business relationship:

• Arenot confidential; and
• May be developed, used, disclosed, or published by Bandpeywithout compensating you or accounting to you.

Bandpey will make every reasonable effort to return or destroy any unauthorized idea submissionswithout detailed review. However, if a review is necessary in Bandpey’s sole discretion, it will be conducted with the understanding that:

• Bandpey assumesno obligationto protect the confidentiality of your idea; and
• Bandpey assumesno obligationto compensate you for its disclosure or use.

By submitting an idea or other detailed submission to Bandpey through this website,you agree to be bound by the terms of this policy.