Terms & Conditions of Windfinder.com GmbH & Co. KG

1. The following General Terms and Conditions (hereinafter "GTC") apply to all contracts between

   Windfinder.com GmbH & Co.KG (hereinafter “Windfinder”)
   Boltenhagener Str. 4
   24106 Kiel
   USt-Id-Nr.: DE268454511
   E-mail: support@windfinder.com
   Web: www.windfinder.com
   Telefon: +49 431 72 00 12 78

   and the customer ("you")

2. These Terms set out the rules for the use of the Windfinder App and the Desktop Version and apply to the use of applications ("Use") and order processes carried out in the Desktop Version or via a Windfinder App and agreed between you and us (each an "Order"). These Terms are an integral part of every Use or Order.
3. If you have downloaded the Windfinder app from the app store of a third party, the General Terms and Conditions of the third party provider shall apply in addition. In the event of contradictions, these Terms of Use shall take precedence.
4. In general, we would like to point out that the providers of internet services, mobile phone services, etc., through which the user accesses our services, may apply further general terms and conditions and may charge fees.
5. We do not recognize any conflicting terms and conditions of the user of our services unless we have expressly agreed to their validity in writing.

1. In principle, you can use the Windfinder applications anonymously and without registration.
2. To use the Windfinder applications, you can register and open a user account. By successfully completing the registration process (including accepting these GTC), a user contract is concluded between us by entering your e-mail address and password and clicking on "Create account" or using one of the Single Sign On (SSO) solutions offered.
3. You can only register once. There is no entitlement to registration.
4. You must be of legal age to create a user account or place an order.
5. All data must be complete and truthful. A chosen user name may not infringe the rights of third parties or other name and trademark rights or offend common decency. You are obliged to keep your password secret.
6. If your personal details change, you are responsible for updating them. All changes can be made after logging into your user account via the desktop version or in the app.

1. The user agreement concluded between us is valid for an indefinite period. It ends when you delete and cancel the Windfinder app or delete your user account in the desktop version.

1. Windfinder Free Version (free of charge): You can download and use the Windfinder Free version free of charge. You can purchase access to the Windfinder Plus version as part of a paid subscription (see 6.) Advertising is displayed in the Windfinder Free version. Further details can be found in the specific description of the software.
2. Paid services:
   1. It is possible to order additional fee-based services via your user account. Our offer of paid services is not binding. By pressing the "Confirm purchase" button and the corresponding confirmation mechanism in the respective app store, you submit a binding offer to conclude an order. A binding contract with us only arises when we confirm the acceptance of your offer in the respective application.
   2. The applicable fee for the term offered must be paid by you in advance after conclusion of the contract.
   3. The order is automatically extended by the initially ordered period at the respective valid price, unless you have canceled via the respective App Store using the method provided there at the latest before the end of the ordered period.
   4. The following fee-based services are currently offered:
      1. "Adfree subscription": subscription model in which a periodic, e.g. monthly or annual, usage fee is due and the app can be used ad-free in return.
      2. "Windfinder Plus Version ": Subscription model in which a periodic, e.g. monthly or annual, usage fee is due and additional functions (in particular the receipt of notifications) are activated. The list of functions activated by the purchase is initially shown in the order process.

1. You can purchase historical weather data via our desktop version. The historical weather data will only be made available in the file format specified during the ordering process.
2. Unless otherwise stated, the historical weather data is protected by copyright. You are obliged to observe the existing copyrights and undertake not to infringe them. You are granted a non-exclusive right to use the data for an unlimited period of time. You may only retrieve, save and use the historical weather data for your own use.
3. You are not authorized to change the data, reproduce it for third parties, make it accessible, forward it, sell it or use it commercially in any other form, unless we have expressly permitted this use in advance. Copyright notices and brand names may not be changed or removed.
4. In all other respects, the mandatory provisions of copyright law shall apply in addition to the rights of use.

1. All prices quoted by us are final prices including the applicable VAT.
2. We reserve the right to adjust our prices.
3. If we have to adjust our prices at a later date, price changes to our subscription model will take effect within the period specified in the AppStore you are using. If we change our prices at your expense, you have an extraordinary right of termination with effect from the date of the price change, which you can also declare in accordance with the respective conditions and functions of the AppStore you use.
4. Payment methods accepted by us are listed during the ordering process for the respective service.
5. The fees for the Windfinder Plus version are collected in advance for the respective minimum term when the contract is concluded. If your subscription is automatically renewed, the fee will be collected in advance at the beginning of the respective renewal period.
6. If fees cannot be collected due to insufficient funds in the account details you have provided, you must bear the resulting loss.
7. You are only entitled to set-off rights if your counterclaims have been legally established, are undisputed or have been recognized by us. If you are acting as an entrepreneur, you are only authorized to exercise a right of retention if the counterclaim is based on the same contractual relationship.
8. We reserve the right to assert claims arising in the event of default of payment.

1. We reserve the right to change, supplement or delete parts of our offer or the entire offer of our services without prior notice or to cease publication temporarily or permanently, unless expressly agreed otherwise. If the service agreed with you is no longer provided to a significant extent, you can terminate the contract without notice within four weeks of the change to the service.

1. As part of our services, we offer access to data, in particular weather data. This data is protected by copyright or ancillary copyright.
2. Information on the validity and quality of the respective data provided by us can be found in our help section. This information must be observed before using the data to avoid incorrect use and to prevent damage.
3. You use the data provided by us at your own risk. We are not liable for damages that are attributable to decisions or actions of the user that are based on an incorrect interpretation of the data provided by us.

1. Software
   1. You receive a non-exclusive right to use our software for an unlimited period of time. You are entitled to use it in the applications on your end devices.
   2. You may not sell, give away, rent or lend the software to third parties. Existing protection mechanisms against unauthorized use may not be removed or circumvented.
   3. In all other respects, the mandatory provisions of the Copyright Act shall apply in addition to the rights of use.
2. Data
   1. To the extent necessary for the fulfillment of the respective contractual purpose, we grant you a simple and non-transferable right of use to the data provided by us to use the respective protected content in non-commercial form within the scope of the contractual provisions.
   2. The data provided by us is intended for end users, which the user may use in accordance with the respective specific agreements.
   3. The data may only be used without our consent for the intended use within the scope of the services offered by us, in particular the data may not be used for own software, apps, websites, etc., unless we have expressly agreed to this use in writing in advance.
   4. Commercial use or publication of our data and services is not permitted without our prior written consent.
   5. Non-commercial publication of our data (for example on your own website) is only possible with a clearly visible reference to our data ownership, including our company name.
   6. It is not permitted to change our data (in particular, but not limited to: filtering names and address data as well as e-mail addresses from our services in order to use them for advertising or other measures).
3. The respective right of use expires if you are no longer activated for the respective service (e.g. after termination of the Windfinder Plus subscription) or upon termination of the user relationship.

1. We try to guarantee a high degree of availability of our services. We cannot guarantee availability in the event of faults and maintenance work on the technical equipment that are beyond our control.
2. You are aware that Internet access is required to use our service. We cannot guarantee your internet access. We are not liable for failures of your internet connection or your system.

1. If you are entitled to a statutory right of revocation, this arises when you conclude a contract of use or a contract for a subscription with us.
2. You have the right to revoke the contract of use or the contract for a subscription within fourteen days without giving reasons.
3. The withdrawal period is fourteen days from the date of conclusion of the contract.
4. To exercise your right of withdrawal, you must inform Windfinder.com GmbH & Co KG (hereinafter "Windfinder"), Boltenhagener Str. 4, 24106 Kiel, support@windfinder.com of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the model withdrawal form, but this is not mandatory.
5. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
6. Consequences of withdrawal: If you withdraw from the contract, the contract will be rescinded. You will be refunded any payments already made to us for the revoked contract. We will make this payment within fourteen days of receipt of your declaration of revocation at the latest. For this repayment, we will use the same means of payment that you used for the original transaction.
7. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount for the service already received. This is the pro rata amount of the total fee for the booked service up to the time you declare your withdrawal.
8. Sample form for your revocation: You can use the following revocation form for your revocation. In any case, please make sure to tell us which contract with us you wish to cancel.

   Windfinder.com GmbH & Co KG
   Boltenhagener Str. 4
   24106 Kiel
   E-mail: support@windfinder.com

   I/We () hereby give notice that I/We () withdraw from my/our () contract

   of

   sale of the following goods () /for the supply of the following service ()

   Ordered/received on (*)

   Name of the consumer

   (s)

   Address of the consumer

   (s)

   Signature of the consumer

   (s)

   Date

   (*) delete as appropriate

1. Warranty rights arising from the free use of our Windfinder Free Version are excluded in the case of free use.
2. In the case of our fee-based offers, the following applies:
   1. You confirm that you have checked whether the services meet your requirements. You are aware of the essential functions and features. Our information does not constitute any guarantees or quality agreements.
   2. If you are a consumer, the statutory provisions apply.
   3. If you are an entrepreneur, the warranty period is one year. This period does not apply to claims for damages due to defects. Section 3.8 applies to claims for damages due to a defect.
3. We are not liable in cases in which you have made changes to our software, unless these changes had no influence on the occurrence of the defect.

1. We shall be liable in accordance with the statutory provisions for damage caused by us, our representatives or our vicarious agents intentionally or through gross negligence.
2. In the event of simple negligence, we shall be liable
   1. for damages resulting from injury to life, body and health and
   2. for damages arising from the breach of a material contractual obligation, but limited in amount to the foreseeable damages typical of the contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely.
3. The limitations of liability resulting from 13.2 shall also apply in favor of persons whose fault we are responsible for according to statutory provisions. They do not apply if we have fraudulently concealed a defect or assumed a guarantee or for claims arising from the Product Liability Act. Our liability for violations of the General Data Protection Regulation (GDPR, Art. 82) also remains unaffected.

Our claims for remuneration are subject to a limitation period of five years in deviation from Section 195 BGB. Section 199 BGB applies with regard to the start of the limitation period.

1. We collect and process your personal data required for contract processing. When processing your personal data, we comply with the applicable legal provisions, in particular the provisions of the EU General Data Protection Regulation, the BDSG and the TMG.
2. With regard to the details and scope of the collection, storage and processing of your personal data, please refer to the privacy policy provided.

1. You can contact us with questions, comments, complaints and other declarations by letter or e-mail using the following contact details:

   Windfinder.com GmbH & Co. KG
   Boltenhagener Str. 4
   24106 Kiel
   E-mail: support@windfinder.com
   Phone: +49 431 72 00 12 78

2. We are not legally obliged to participate in the consumer dispute resolution procedure under the Consumer Dispute Resolution Act. We refrain from voluntary participation within the meaning of § 36 para. 1 no. 1 VSBG.

1. The contractual language is German. In the case of translations into other languages, the German version shall take precedence.
2. German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that the provisions of consumer law are mandatory.
3. If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have come into effect or if your place of residence or habitual abode is unknown at the time the action is brought or if you are an entrepreneur, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office in Kiel.
4. If the terms 'in writing', 'in written form' or similar terms are used in these terms and conditions, these refer to the written form within the meaning of the German Civil Code. The electronic exchange of copies, handwritten signed documents and documents with a simple electronic signature (such as with the help of DocuSign or Adobe Sign) is sufficient. Unless expressly stipulated otherwise in these terms and conditions, the exchange of simple e-mails is not sufficient.
5. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The above provisions shall apply accordingly in the event that these General Terms and Conditions prove to be incomplete.
6. The General Terms and Conditions shall apply in the version that is included in the respective contract with Windfinder upon conclusion of the contract. Windfinder is entitled to amend the General Terms and Conditions. However, amendments in the ongoing contractual relationship with registered users may only be made (a) insofar as the affected users are not disadvantaged by the amendments, or (b) insofar as this is necessary to eliminate loopholes that have arisen after conclusion of the contract, whether due to a change in the legal situation or supreme court rulings or further development of Windfinder's applications, or (c) insofar as the amendments do not affect essential provisions of the contractual relationship and insofar as these are necessary or expedient to adapt to developments, in particular technical, legal or regulatory changes, changes in market conditions or for equivalent reasons. Registered users will be notified of changes to the GTC in the current contractual relationship in text form, e.g. at the next login. They shall be deemed to have been agreed in each case if (a) the user concerned does not object to them within four (4) weeks of receipt of the notification of change and (b) Windfinder has drawn attention to this legal consequence in the notification. The objection must be made in text form. If a user objects, the previous terms and conditions shall continue to apply without the amendments. In this case, however, Windfinder reserves the right to terminate the contract of use.