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GENERAL TERMS AND CONDITIONS – PROSPERITY SOLUTIONS AG

1. Preamble

1.1
We, Prosperity solutions, Industriering 40, 9491 Ruggell, Principality of Liechtenstein (hereinafter referred to as “Prosperity“, “we“, “us“), operates the internet platformhttps://prosperity.app/(hereinafter referred to as “website“) and the “Prosperity“ application (hereinafter referred to as “app“, or together as “platform“). We are an insurance agent in terms of Art. 34d, Paragraph 7, No. 2 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung, GewO); we are registered as an agent in the Agents Register of the Liechtenstein Financial Market Supervisory Authority under the number 10063. Our website and app offer you a digital platform for concluding and administrating insurance contracts, contracts with other partners or ours or contracts for products developed and offered by us.

1.2
We are registered in the Commercial Register of Liechtenstein, the high office of justice, under the number FL-0002.333.030-4.

2. Scope

2.1
These General Terms and Conditions (hereinafter referred to as “GT&C“) are valid for any contractual relationship concluded between you (hereinafter referred to as “user“, “you“, “your“) and us by means of our website and app, as well as for any services we provide within the scope of the platform.

2.2
These GT&C represent generic conditions for the utilisation of our platform and services. Further conditions are valid for certain products and services. In such a case, we will refer you to these individually on our platform.

2.3
If you do not agree to these GT&C, please do not utilise our platform or services.

3. Our services

3.1
Prosperity operates as an agent for insurance products, financial products and other kinds of products (hereinafter referred to jointly as “products“). You can utilise our platform by means of registering and opening an account. In such a case, a user relationship arises with us, which is subject to these GT&C.

3.2
By selecting and activating the product (e.g. by means of a deposit into your account or the fulfilment of potential requirements that may concern the product, the respective contract that we arrange arises solely between you and the respective provider of the product. Prosperity does not become your contractual partner. Prosperity has no influence on the creation of the respective contract. The corresponding conditions of the respective product provider are valid.

3.3
Our platform offers you the opportunity to administrate your contracts online. This also includes the possibility to add and administrate your existing contracts on our platform, as well as to amend and terminate your contracts, depending on the respective product. Prosperity will submit the received contractual documents to your account on the platform so that you can view them there. The original documents are provided by your respective contractual partner.

4. Terms of utilisation

4.1
In order to be able to utilise the services listed under No. 3, you have to register with our platform via the website or app. Only natural persons who are of legal age may register.

4.2
You bear the responsibility that the details you provide are complete and correct. Depending on the product selected, additional proof may be necessary, e.g. verification of your identity by means of video identification or provision of your identity document. If you make false statements, this can also have an impact on the respective product, e.g. that you lose your insurance cover. If we have doubts about the correctness of your details, we may undertake further measures to verify your details.

4.3
If you breach these terms of utilisation, we are entitled to close you account.

5. Property rights and your utilisation rights

5.1
Our platform and the associated software, databases, images, user interfaces, designs and other contents, designations, names and trademarks are protected by copyright, trademark law and other property rights.

5.2
On condition of the fulfilment of these GT&C, Prosperity grants you the geographically unlimited, non-exclusive and non-transferrable right to utilise the platform and the services offered there in the manner we permit.

5.3
You may only utilise our platform for the purposes mentioned here. It is not permissible to provide, and in particular to rent, loan, reproduce, sell or in any other way run or transmit, the platform or access to the platform to third parties. Moreover, you may not change, translate, copy, decompile or include the source code of the website or app in external computer programs.

6. Guarantee and liability

6.1
Prosperity endeavours to keep the presentation of the offers and conditions of the respective products current, complete and correct. Solely the respective conditions of the product provider represent a contractual component of the respective contract that you conclude by means of our website and app.

6.2
Prosperity will make the website and app available as long as no extraordinary reasons prevent this. Extraordinary reasons include the maintenance of the website or app, non-availability due to conditions that are not within the discretion of Prosperity, e.g. force majeure, as well as non-availability if and insofar as the non-availability has been cause by the user him or herself.

6.3
Prosperity is liable without limitation a) for damages caused intentionally or by gross negligence, b) for damages resulting from harm to life, body and health (also referred to as personal damages) c) for damages within the scope of the product liability law as well as d) in case of assuming a guarantee. This also holds for damages based on an agent or sub-contractor of Prosperity breaching his/her obligations.In case of damages to property or pecuniary loss caused by slight negligence on the part of Prosperity, a legal representative or a vicarious agent (‘Erfüllungsgehilfe’), we shall only be liable in the event of breaches of core contractual obligations, but this liability is limited to typical contractual damages as anticipated upon conclusion of the contract. Core contractual obligations are those obligations that must be fulfilled for the contract to even be properly executed and which the contractual partner may regularly rely on being fulfilled. Furthermore, we are also liable for breaches of an obligation as regulated in Art. 60 and 61 of the German Insurance Contract Act (Versicherungsvertragsgesetz, VVG) insofar as we are responsible for these. Otherwise, ML Prosperity may not be held liable.

7. Term

7.1
The user relationship between Prosperity and you is dissolved upon closing your account. You can either close your account directly on the platform or send us an e-mail to support@prosperity.app.

7.2
The term of contracts that we arrange are defined by the respective contract.

8. Right of cancellation

If you are a consumer in terms of Art. 13 of the Civil Code (Bürgerliches Gesetzbuch, BGB), you are entitled to a legally stipulated right of cancellation with the following condition:

Maßgabe zu:
Cancellation policy:
Right of cancellation
You are entitled to cancel this contract without providing any reason within fourteen (14) days of conclusion of this contract. In order to exercise your right of cancellation, you must inform us

Prosperity
Industriering 40
9491 Ruggel
Fürstentum Liechtenstein
E-Mail:hello@prosperity.app
of four decision to cancel this user contract by means of a statement (e.g. letter sent ba mail, by fax or e-mail).

For this purpose, you may use the enclosed cancellation template, which is not obligatory, though. To comply with the cancellation deadline, it suffices to send the statement regarding your wish to exercise your right of cancellation within the cancellation deadline.

Consequences of cancellation:
If you cancel this contract, we must return to you all the payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a delivery method other than the cheapest standard delivery offerd by us), without delay and within fourteen (14) days of the date on which we receive the notification of your cancellation of this contract. In the case of potential repayments, we will use the same payment method that you used for the original transaction, unless something else was explicitly agreed with you; in no case will you be charged for this repayment.

9. Amendment of the GT&C

9.1
We reserve the right to amend our GT&C, unless it is unreasonable for the users. In particular, we reserve the right to adapt or amend the GT&C if

  • the amendments or adaptations are advantageous solely for the registered users,
  • the amendments or adaptations are necessary in order to comply with valid legislation, in particular when the valid legislations changes or to comply with a court verdict or official decree
  • the amendments or adaptations have no essential impact on the functions of the services or are of a purely technical or organisation nature, or
  • Prosperity introduces additional, completely new services that require a description in the GT&C, unless it would have an unfavourable effect on the current user relationship.

9.2
In case of amendments of the GT&C, we will notify you via the platform or e-mail. If you do not object to these amendments within a period of four (4) weeks, these amendments are considered accepted and effective for the future and become a contractual component as of that time. We will refer you to the consequences of non-reaction and the meaning of the 4-week deadline in the notification that contains the amended GT&C.

10. Other provisions

10.1
This contract is subject solely to the legislation of the Federal Republic of Germany under exclusion of international private law and of the United Nations Convention on Contracts for the International Sale of Goods. For consumers with residence in Switzerland, Siwss law applies in deviation from this under exclusion of international private law and of the United Nations Convention on Contracts for the International Sale of Goods.

10.2
We do not participate in arbitration within the scope of arbitration bodies.

10.3
The EU provides a platform for arbitrating disputes out of court and online. This platform can be found athttp://ec.europa.eu/consumers/odr/.

10.4
Prosperity processes your personal data in line with legislation and the valid data protection laws. You can find further information about our data privacy statement athttps://prosperity.app.

Cancellation template
(If you would like to cancel this contract, please fill in this form and return it to us.)

  • To Prosperity, Industriering 40, 9491 Ruggell, Fürstentum Liechtenstein, support@prosperity.app
  • I/we () hereby cancel the contract that I/we () have concluded regarding the purchase of the following goods ()/ the provision of the following services ()
  • Ordered on ()/ received on ()
  • Name of the user(s)
  • Address of the user(s)
  • Signature of the user(s) (only in the case of notifications as a hardcopy)
  • Date
  • (*) Unzutreffendes streichen.