Regional Terms — Europe

01Scope and precedence

1.1These Regional Terms — Europe ("Regional Terms") apply to Europe, meaning the European Union, the European Economic Area (EEA), the United Kingdom, and Switzerland. They apply where:

(a) the order or account names Europe;

(b) the user is a Consumer or Worker habitually resident in Europe; or

(c) the project, the Site, or the Works are located in Europe.

1.2These Regional Terms form part of each of the Platform Terms, the Customer Terms, the Subcontractor Terms, and the Licensing Terms (each a "master document") for this region and prevail over the master document there. Part A applies under every master document. Parts B to E apply only under the master document they name.

1.3Terms defined in a master document have the same meaning in the Part for that document. Each section states which master section it supplements or replaces. Mandatory law remains unaffected.

02Contracting party and regional representative

This section supplements Platform Terms section 3, Customer Terms section 1, Subcontractor Terms section 2, and Licensing Terms section 2.

2.1The order (Order Confirmation, Work Order, booking confirmation, or license Order) names the region and may name a regional Addvista company or a regional representative. Your contracting party is the regional Addvista company or representative named in the order, otherwise Addvista Inc.

2.2The address for notices and withdrawals in Europe is Addvista Inc., c/o Cognivity GmbH, Friedrichstraße 171, 10117 Berlin, Germany, email support@addvista.com, telephone +49 30 54905230. Notices may also be sent to the addresses the master documents name.

03Governing law and courts

This section supplements Platform Terms section 28, Customer Terms section 23, and Subcontractor Terms section 26. Sections 23 and 28 (construction and trade work) and section 36 (licensing) prevail over it.

3.1If you are located in the European Union, the EEA, the United Kingdom, or Switzerland, or your contracting party is an Addvista Company established in the European Union, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The courts at the registered seat of the contracting Addvista Company have jurisdiction for Business Users. A Consumer keeps the statutory forum. There is no arbitration with a Consumer or a Worker in those countries.

3.2A choice of law does not deprive a Consumer of the protection of the mandatory consumer law of the country of habitual residence.

3.3Construction and trade work located in Germany is governed by German law, as sections 23 and 28 provide.

04Language

This section supplements Platform Terms section 33, Customer Terms section 24, and Subcontractor Terms section 28. Licensing Terms section 23 remains unaffected.

4.1For a Consumer or Worker habitually resident or working in Germany, the German version prevails. Otherwise the English version prevails, unless an order selects another language.

05Consumer dispute resolution

This section applies under every master document.

5.1Addvista is neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body under the German Consumer Dispute Resolution Act (VSBG).

06Prices, changes, and subscriptions

Clauses 6.1 and 6.2 supplement Platform Terms section 9, clause 6.3 section 11, clause 6.4 section 12, and clause 6.5 section 63.

6.1For Consumers in the European Union, advertised prices are total prices including VAT, as the law requires, and Platform Terms section 9 does not limit that duty. We do not increase the price of a service to be performed within four months after the order. In an ongoing contract, a Consumer's price changes only with the Consumer's express consent or as mandatory law permits.

6.2Where German law governs, interest on late payment by a Business User accrues at the statutory rate under §288 of the German Civil Code.

6.3For a Consumer's paid digital product, the mandatory statutory rules on changes include §§327 and following of the German Civil Code where they apply.

6.4For a Consumer, and for an individual Worker, in the European Union, a material change, such as to price, the main performance, rights in a Recording, liability, or the dispute forum, requires active consent. A minor technical change that does not affect the balance of the contract may be made with notice.

6.5EU Consumer. The initial term is no longer than 24 months. After it, the contract continues for an indefinite period, and you may cancel at any time on one month's notice. Where the paid contract can be concluded on a website, the website provides the cancellation button that §312k of the German Civil Code requires.

07Statements of reasons and complaints

This section supplements Platform Terms section 18.

7.1If we restrict, demonetize, or remove content, or suspend an Account, because content is illegal or breaches these Terms, we give the affected User a statement of reasons, unless the law forbids it.

7.2You may complain about the decision in the App or at support@addvista.com within six months. Where the decision affected your Account or pay, a person reviews the complaint. Your right to go to court or to another body the law provides remains.

7.3We may act without prior notice where delay would risk harm, fraud, or breach of a legal order. We apply these rules diligently, objectively, and proportionately. These Terms are available at www.addvista.com/terms/.

08Liability and indemnity

Clauses 8.1 to 8.4 supplement Platform Terms section 25 and clause 8.5 section 26.

8.1If German law governs the claim, clauses 8.2 to 8.4 apply.

8.2We are liable without limit for intent and gross negligence, injury to life, body, or health, fraud, a guarantee we gave, and under the Product Liability Act. For slight negligence, we are liable only for breach of an essential obligation, meaning one whose fulfillment makes proper performance of the contract possible and on which the other party regularly relies, and only for foreseeable, contract-typical damage. Other liability for slight negligence is excluded.

8.3For a Business User, our liability for slight negligence under clause 8.2 is also limited to the net fees paid under the affected contract in the twelve months before the event, but not below the foreseeable, contract-typical damage.

8.4These limits also apply to the personal liability of our directors, employees, and agents.

8.5Where German or other EU law governs, you indemnify us against third-party claims arising from your culpable breach of these Terms, from a Recording you made unlawfully, or from a third-party right you failed to clear. A Consumer's indemnity is limited to the Consumer's intent or gross negligence.

09Contracting entity, assignment, and imprint

Clause 9.1 supplements Platform Terms section 3, clause 9.2 section 29, and clause 9.3 section 36.

9.1The later formation or naming of a regional Addvista company does not by itself move an existing contract. Platform Terms section 29 applies to a transfer.

9.2If a transfer under Platform Terms section 29 to a third party replaces your contracting party under a contract with a Consumer in the European Union, you may terminate the contract with effect from the transfer.

9.3The provider identification required by §5 of the German Digital Services Act is at www.addvista.com/legal-notice/. It names the regional Addvista company or representative named in the order, otherwise Addvista Inc.

10Companies

This section supplements Platform Terms sections 42 and 44 (Part B — Companies).

10.1The information tax law requires under Platform Terms section 42 includes information under the German Platform Tax Transparency Act where it applies.

10.2Where German law applies, you grant us an exclusive, worldwide, transferable, and sublicensable right of use, unlimited in time, in Recordings made on your jobs, for the purposes in Platform Terms section 44, to the extent you hold those rights, and you consent to transfers within the Addvista Companies and to sublicenses. The grant does not include types of use unknown at the time of the grant.

10.3Under German law the indemnity in Platform Terms section 44 applies to your culpable breach.

11Rights in Worker recordings

This section supplements Platform Terms section 57 and Annex 1 (Part C — Workers and App Users).

11.1Under German and EU copyright law you remain the author. To the extent the Recording is protected, you grant us an exclusive, worldwide, transferable, and sublicensable right of use, unlimited in time, for the purposes in Platform Terms section 57, including any neighboring rights. You consent to transfers within the Addvista Companies and to sublicenses to Licensees and their contractors.

11.2The grant does not include types of use unknown at the time of the grant. Statutory remuneration claims and moral rights remain unaffected. As far as the law allows, you will not exercise moral rights in a way that unreasonably impairs the uses in Platform Terms section 57.

11.3To the extent a Recording contains your image, you consent under §22 of the German Art Copyright Act to its reproduction and display by us and our sublicensees for the purposes in Platform Terms section 57. Where the law allows revocation, it applies only for the future, and Platform Terms section 16 applies.

11.4The likeness consent in Platform Terms Annex 1 includes consent under §22 of the German Art Copyright Act, as clause 11.3 provides.

12Consumers in the EU — scope

This section supplements Platform Terms section 2.

12.1Sections 12 to 15 apply to a Consumer habitually resident in the European Union who makes a distance contract with us, and to an EEA Consumer where the same withdrawal rights apply. They prevail over Platform Terms Parts A to F on withdrawal and consumer information.

13Right of withdrawal

Clauses 13.1 to 13.3 apply in addition to the Platform Terms. Clause 13.4 supplements Platform Terms section 77.

13.1You may withdraw from a distance contract within 14 days without giving a reason, as section 14 explains.

13.2We start a service during the withdrawal period only at your express request. For digital content not on a tangible medium, we start only after your express consent, your acknowledgement that you lose the right of withdrawal, and our confirmation of the contract on a durable medium.

13.3Where you provide personal data and we process it beyond performing the contract or a legal duty, the withdrawal rules apply. On withdrawal we stop that other use, and you stop using the digital content or service.

13.4The cancellation scale in Platform Terms section 77 does not apply to a withdrawal under sections 12 to 15.

14Statutory withdrawal instructions

This section applies in addition to the Platform Terms.

14.1The trader is Addvista Inc., c/o Cognivity GmbH, Friedrichstraße 171, 10117 Berlin, Germany, or the regional Addvista company named in your order confirmation, telephone +49 30 54905230, email support@addvista.com.

14.2Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

14.3To exercise the right, inform us by an unequivocal statement, by post or email. You may use Annex 1, but it is not obligatory. Send it to the address in the confirmation or to Addvista Inc. at the address above, or to support@addvista.com. Sending the communication before the period expires is enough. If you concluded the contract online through our app or website, you may also withdraw online using the "Withdraw from contract" function in your user account in the app or on our website. If you use it, we send you, without undue delay and on a durable medium such as email, a confirmation of receipt with the content of your withdrawal and the date and time it was received.

14.4Effects of withdrawal. If you withdraw, we shall reimburse all payments received from you, including costs of delivery, except supplementary costs from your choice of a delivery type other than the least expensive standard delivery we offer, without undue delay and within 14 days from the day we are informed. We will use the same means of payment unless you expressly agree otherwise, and you will not incur any fees because of the reimbursement.

14.5If you requested that services begin during the withdrawal period, you shall pay an amount in proportion to what was provided until you communicated your withdrawal, compared with the full coverage of the contract.

14.6You lose the right of withdrawal for digital content not supplied on a tangible medium if we have begun performance after you expressly consented, acknowledged that you thereby lose that right, and received our confirmation of the contract. For services, including digital services, the right ends when the service has been fully performed, if you expressly requested the start during the withdrawal period and acknowledged that loss.

14.7Where personal data is counter-performance and we process it beyond the contract or a legal duty, this withdrawal right applies. After withdrawal we do not use the data for other purposes except a statutory exception, and you do not continue to use the digital content or service.

14.8We also give these instructions on a durable medium at the time the statute requires.

15Model withdrawal form

This section applies in addition to the Platform Terms.

15.1Annex 1 is the model form. Any other unequivocal statement is also effective.

16Definitions and prices

Clause 16.1 supplements Customer Terms section 4, and clauses 16.2 and 16.3 section 6.

16.1Under German law, "text form" in Customer Terms section 4 has the meaning in § 126b BGB.

16.2For a consumer in the European Union, an advertised price is the total price including VAT.

16.3Consumers in the European Union see both prices, the Preferential Price and the Recording-Free Price, before booking.

17Payment and taxes

Clauses 17.1 to 17.5 supplement Customer Terms section 7, and clauses 17.6 and 17.7 section 8. Clause 17.3 replaces the interest rate in Customer Terms section 7 where German law applies.

17.1Where German law applies, progress payments follow §§ 632a and 650c(3) BGB.

17.2On a German consumer construction contract, progress payments will not exceed 90 percent of the total price, you receive the statutory 5 percent security for timely completion without material defects at the first progress payment, and any security requested from you will not exceed the next progress payment or 20 percent of the agreed price.

17.3Where German law applies, interest on an overdue sum runs from default at the rate in § 288 BGB, plus the statutory flat sum against a business customer.

17.4Where German law applies, you may retain a reasonable sum for an open Defect until cure, as § 641(3) BGB provides.

17.5Security. The contractor's right to security under § 650f BGB is reserved where it applies.

17.6Where § 13b(2) No. 4 UStG applies and you are an entrepreneur who sustainably provides such construction services, you owe the VAT. You produce a current certificate (form USt 1 TG) before a net invoice is issued.

17.7Where § 48 EStG applies, you withhold 15 percent of the gross consideration unless a valid § 48b EStG exemption certificate is presented. Statutory withholding discharges the matching part of the price.

18Cooperation, changes, and acceptance

Clause 18.1 supplements Customer Terms section 9, clause 18.2 section 11, and clause 18.3 section 13.

18.1Where German law applies, delay you cause is at your risk, including under § 642 BGB.

18.2Where §§ 650b and 650c BGB apply, you may require a change to the agreed result, or a change needed to achieve it. If the parties do not agree within 30 days, you may instruct the change in text form, and the contractor complies where performance is reasonable for it. The price is the actual required cost plus reasonable allowances for overhead, risk, and profit, or is derived from a deposited base calculation.

18.3Where German law applies, the contractor may set a reasonable period for Acceptance after completion. The Works are deemed accepted if you do not refuse within that period stating at least one Defect. If you are a consumer, this applies only if the contractor warned you in text form, together with the request, of the consequences of not declaring Acceptance and of a refusal that names no Defect. Use of the Works for their intended purpose is Acceptance to the extent the law treats it as such.

19Defects and liability

Clauses 19.1 and 19.2 supplement Customer Terms section 14, clauses 19.3 to 19.5 section 15, and clause 19.6 section 31.

19.1Where § 377 HGB applies, you notify apparent defects within five business days of delivery and hidden defects within five business days of discovery.

19.2Periods where German law applies. For a structure, and for planning or monitoring of a structure, the period is five years from Acceptance. For other work, a consumer has the statutory period and a business customer one year from Acceptance. Claims for intent, gross negligence, injury to life, body, or health, fraudulently concealed Defects, and under a guarantee follow the statutory periods.

19.3Clauses 19.4 and 19.5 apply when German law governs the claim and, for Works governed by the law of another European country, to the extent that law permits.

19.4German law. Liability is unlimited for intent and gross negligence, injury to life, body, or health, fraud, a guarantee given, and under the Product Liability Act. For slight negligence, liability exists only for breach of an essential contractual obligation, meaning a duty whose fulfillment makes proper performance of the contract possible and on which the other party regularly relies, and is limited to foreseeable, contract-typical damage. Other liability for slight negligence is excluded. In a consumer contract, liability for intent or gross negligence of a representative or vicarious agent is not excluded.

19.5For a business customer under German law, liability for slightly negligent breach of an essential contractual obligation is limited to foreseeable, contract-typical damage and, in addition, for property damage to at most the insured amount of EUR 5,000,000 per claim and for other damage to the Order Price, but not below the foreseeable, contract-typical damage. This limit does not apply to the items in clause 19.4 for which liability is unlimited.

19.6Under German law, the limit on our liability under Model 2 in Customer Terms section 31 is also not below foreseeable, contract-typical damage.

20Termination

This section supplements Customer Terms section 17.

20.1Where German law applies, you may terminate a contract for Works at any time until completion under § 648 BGB. The contractor may then demand the agreed price, less expenses saved and less what it earns or maliciously fails to earn elsewhere. It is presumed that the contractor is entitled to 5 percent of the price of the part not yet performed. Either party may prove a different amount.

20.2Where German law applies, termination for good cause includes termination under § 648a BGB.

20.3A statutory withdrawal under section 24 is not a termination under Customer Terms section 17; only the value compensation in clause 24.4 or 24.5 applies.

21Recording program

Clause 21.1 supplements Customer Terms section 32, clause 21.2 section 33, clauses 21.3 and 21.4 section 35, and clause 21.5 section 36.

21.1Consumers in the European Union. Before you book, we show the same trade service with recording at the Preferential Price, our standard offer, and without recording at the Recording-Free Price. If you choose recording, it is the agreed counter-performance for the Preferential Price. The choice is a separate, clearly labeled step, never pre-selected, that names the purposes in Customer Terms section 32. Where the law requires your consent, this step is that consent.

21.2The consent the law requires for audio includes consent required under § 201 of the German Criminal Code.

21.3Consumers in the European Union. You may withdraw your choice and any recording consent at any time for the future, in the app, by email to data@addvista.com, or by telling the crew. For work not yet performed, you may continue at the Recording-Free Price or end the unperformed part without a fee under Customer Terms section 17 or 18.

21.4Recordings made before a switch or withdrawal may still be used under Customer Terms section 35, except that for a consumer in the European Union, further processing based on consent stops.

21.5Where EU copyright law applies, you grant rights of use to the extent you hold them; authors keep their authorship and the moral rights that cannot be waived.

22General provisions, licenses, and Services

Clauses 22.1 and 22.2 supplement Customer Terms section 24, clause 22.3 section 27, clause 22.4 section 37, and clause 22.5 Customer Terms Annex 1.

22.1A material change needs active consent from an EU consumer.

22.2If an assignment to a third party replaces your contracting party under a consumer contract governed by German law, you may terminate the unperformed part of the Order with effect from the transfer.

22.3In Germany, the licenses the Addvista Company that owes the Works holds include entry in the Handwerksrolle for each craft in Annex A to the Crafts Code it undertakes.

22.4Where German law applies, Services are a service contract under § 611 BGB unless the Order expressly makes a deliverable a work contract.

22.5Under Customer Terms Annex 1, the Provider is also bound by the consumer warning in clause 18.3 and the five-year period for work on a structure in clause 19.2.

23Governing law and courts

This section supplements Customer Terms section 23 and prevails over section 3 of these Regional Terms.

23.1The contract for the Works is governed by the law of the place where the Works are performed, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. For Works in Germany, the courts at the place of the Works have jurisdiction over disputes with business customers.

23.2There is no arbitration with a consumer habitually resident in the EU, the EEA, the United Kingdom, or Switzerland.

24Consumer withdrawal

This section applies in addition to the Customer Terms.

24.1This section applies if you are a consumer and prevails over the Customer Terms on a conflict.

24.2On a distance or off-premises contract, you may withdraw under clause 24.4. A Preferential Price booking, including one with no cash price, is covered where § 312(1a) BGB applies.

24.3On a German consumer construction contract under § 650i BGB that is not notarized, you may withdraw under § 650l BGB and clause 24.5, even if it was signed at our premises. We give you the information under Article 249 § 3 EGBGB and the building description under § 650j BGB unless you or your designer supply the essential planning. The contract is made in text form, clause 17.2 applies, and no security under § 650f BGB is demanded.

24.4Withdrawal instructions for distance and off-premises contracts (not for consumer construction contracts)

Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Addvista Inc., c/o Cognivity GmbH, Friedrichstraße 171, 10117 Berlin, Germany, or the regional Addvista company named in your order confirmation, telephone +49 30 54905230, email support@addvista.com) of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or an email). You may use the attached model withdrawal form, but it is not obligatory. You may also exercise your right of withdrawal online using the "Withdraw from contract" function in your user account in the app or on our website. If you use this online function, we will send you without undue delay, on a durable medium (for example, by email), a confirmation of receipt with information on the content of your withdrawal statement and the date and time of its receipt. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

24.5Withdrawal instructions for consumer construction contracts

Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract. It does not begin before you have received these instructions in text form. To exercise the right of withdrawal, you must inform us (Addvista Inc., c/o Cognivity GmbH, Friedrichstraße 171, 10117 Berlin, Germany, or the regional Addvista company named in your order confirmation, telephone +49 30 54905230, email support@addvista.com) of your decision to withdraw from this contract by an unequivocal statement (for example, letter, telefax or email). To meet the withdrawal deadline, it is sufficient for you to send the statement on the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal. If you withdraw from this contract, we must repay to you without undue delay all payments we have received from you. In the event of withdrawal, you must return to us all performance you have received from us up to the withdrawal. If the return of a performance is excluded by its nature, for example because building materials used cannot be removed without destruction, you must pay compensation for its value.

24.6We start performance during the withdrawal period only if you expressly ask us to. Your right of withdrawal expires for a service fully performed within the period only if you asked for early performance and acknowledged, as the law requires, that you lose the right once we have fully performed. Customer Terms section 18 does not apply to a withdrawal.

25Scope, contracting party, and prices

Clause 25.1 supplements Subcontractor Terms section 1, clause 25.2 section 2, and clauses 25.3 and 25.4 section 6.

25.1The VOB/B is not incorporated.

25.2Until a Work Order names a regional Addvista company, German Works are contracted by Addvista Inc.

25.3Where the reverse charge applies, you invoice the net amount with the required note.

25.4If a valid exemption certificate under § 48b of the Income Tax Act is missing at payment, we withhold the construction withholding tax and pay it to your tax office for your account.

26Securities, penalties, and safety

Clause 26.1 supplements Subcontractor Terms section 11, clause 26.2 section 12, and clause 26.3 section 15.

26.1Your statutory rights to security under German law remain unaffected.

26.2Where German law applies, we may claim the contractual penalty if we reserve it no later than final payment.

26.3On German sites, the occupational-safety law you comply with includes the German Construction Site Ordinance.

27Liability and termination

Clauses 27.1 and 27.2 supplement Subcontractor Terms section 18, and clause 27.3 section 21.

27.1Under German law we are liable without limit for intent, gross negligence, injury to life, body, or health, fraud, a guarantee we gave, and under the Product Liability Act. For slight negligence we are liable only for breach of an essential contractual duty, limited to the foreseeable damage typical for this contract, and at most the net Order Price where that is not below that damage. Otherwise our liability is excluded. This clause also applies to Works governed by the law of another European country, to the extent that law permits.

27.2Under German law the indemnity in Subcontractor Terms section 18 gives recourse for third-party claims to the extent caused by your culpable breach or your Defect.

27.3On German Works we may terminate for convenience at any time under § 648 of the German Civil Code. You receive the agreed price for the terminated part, less saved expenses and what you earn or maliciously fail to earn elsewhere. It is presumed that you are owed 5 percent of the price for the part not yet performed.

28Governing law and courts

This section replaces the governing-law rule in Subcontractor Terms section 26 for Works in Europe.

28.1The law of the place of the Works governs, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

28.2German Works: German law applies. The courts at the Site have exclusive jurisdiction, unless mandatory law provides otherwise.

29Personnel and solo providers

Clause 29.1 supplements Subcontractor Terms section 31, clause 29.2 section 32, clause 29.3 section 33, clause 29.4 section 36, and clauses 29.5 and 29.6 section 37.

29.1On German sites you comply with the identification duties under the Act Against Undeclared Work.

29.2For a posted worker, you also give us the A1 certificate and the customs notification before the person starts.

29.3You do not use temporary agency workers for work ordinarily done by building workers, except in a case the Temporary Agency Work Act allows and we have approved in text form in advance. Other agency workers may be used only if the lender holds any required license and you tell us in advance.

29.4For a licensed craft in Germany, your trade registration includes the Handwerksrolle entry.

29.5The statutory withholding includes construction withholding tax.

29.6Either party may apply for a status determination under § 7a of Book IV of the Social Code, and you cooperate. We may make further engagements conditional on the result.

30Recording rights

Clause 30.1 supplements Subcontractor Terms section 41 and clause 30.2 section 42.

30.1The agreements the law requires before recording include agreements under § 87(1) no. 6 of the German Works Constitution Act.

30.2Where German or other European Union copyright law applies:

(a) The author remains the author.

(b) You grant us an exclusive, worldwide, transferable, and sublicensable right of use, unlimited in time, for the purposes in Subcontractor Terms section 41.

(c) You consent, and warrant that each identifiable person has consented, to the use of their likeness in Recordings for those purposes. Consent to future recording may be withdrawn at any time under Subcontractor Terms section 41. For Recordings already made, it may be revoked only for an important reason, where the law allows it.

(d) The Data Fee, and the Order Price where the Work Order says it includes the rights, is the full remuneration for this grant. Mandatory remuneration and moral rights remain unaffected.

(e) Rights for types of use unknown when the Recording is made require a separate agreement in the form the law requires.

31German chain liability — duties

This section supplements Subcontractor Terms Part E (section 47).

31.1This section applies to Works in Germany and to all further subcontracts of those Works.

31.2You pay, for every hour worked in Germany, at least the statutory minimum wage in force for that hour and any higher generally binding sector minimum wage, on time. You keep the records the Minimum Wage Act requires and produce them within 5 Business Days after request.

31.3Where the Posted Workers Act covers the sector, you pay the generally binding remuneration and the contributions to the competent joint institution, such as SOKA-BAU, and produce its clearance before starting.

31.4You pay social-security and accident-insurance contributions when due and, before starting and for every month of the Works, deliver the clearance certificates of the collection offices and the accident-insurance carrier, or a prequalification certificate the statute accepts instead.

31.5You give a valid § 48b exemption certificate before the first payment and keep it valid. Clause 25.4 applies otherwise.

31.6Each month you confirm in text form, signed by an authorized person, that wages and contributions for everyone on the Works were paid for the prior month and that the required records exist.

31.7You impose sections 31 to 33 and Subcontractor Terms section 47 on every Sub-subcontractor and lender of workers before it starts, enforce them, and disclose any firm seated outside the European Economic Area before engaging it.

32Chain-liability indemnity

This section supplements Subcontractor Terms sections 18 and 47.

32.1You indemnify us in full against all claims and costs under § 14 of the Posted Workers Act, § 13 of the Minimum Wage Act, § 28e(3a) of Book IV and § 150(3) of Book VII of the Social Code, and similar statutes, including wages, contributions with surcharges and interest, social-fund contributions, construction withholding tax and wage tax, claims under the Residence Act, fines to the extent caused by your chain, and the cost of audits a breach causes.

33Undeclared work, illegal employment, and posting

This section supplements Subcontractor Terms Part E (section 47).

33.1You do not perform or procure work in breach of the Act Against Undeclared Work. All registrations, including any required Handwerksrolle entry and social-security registrations, are in place. No person works in breach of the Residence Act or the ban on agency work in construction. A breach is cause for immediate termination under Subcontractor Terms section 21 and is covered by clause 32.1.

33.2You comply with the working conditions the Posted Workers Act requires. Before a posted worker starts, you file the customs notification and give us a copy with the A1 certificate.

33.3You check the original residence title of each person who needs one.

34Fees, cancellation, and restrictions

Clause 34.1 supplements Licensing Terms sections 4 and 12, and clause 34.2 section 6. Clause 34.3 replaces the interest rate in Licensing Terms section 12 where German law applies.

34.1Where German law applies, you may show that our loss under Licensing Terms section 4 or 12 was materially lower.

34.2Where German law applies, you may show that our loss was materially lower than the stipulated fee under Licensing Terms section 6.

34.3Where German law applies, overdue sums bear statutory default interest for transactions between businesses, plus the statutory recovery sum.

35Liability, disclaimers, and indemnities

Clauses 35.1 and 35.2 replace the liability rules in Licensing Terms section 16 where German law governs the Order. Clause 35.3 qualifies Licensing Terms section 14, clause 35.4 supplements section 15, and clause 35.5 covers Orders not governed by German law.

35.1Clause 35.2, the German variant, applies instead if German law governs the Order.

35.2The German variant replaces any other exclusion or cap of our liability:

(a) Our liability is unlimited for intent, gross negligence, injury to life, body, or health, fraud, a written guarantee, and under the Product Liability Act.

(b) For slight negligence we are liable only for breach of an essential contractual duty, meaning a duty whose performance makes proper performance of the contract possible and on which you regularly rely. That liability is limited to foreseeable damage typical of this contract, and to the fees paid under the affected Order in the twelve months before the claim, but not below that typical damage.

(c) Our liability for other slight negligence is excluded. These rules also apply to our vicarious agents.

(d) If replacement or credit fails, your statutory right to reduce the price or withdraw for the affected files is unaffected.

35.3Where the German variant in clause 35.2 applies, Licensing Terms section 14 applies only so far as clause 35.2 allows.

35.4Under the German variant, you indemnify us against third-party claims arising from your culpable breach.

35.5Where German law does not govern the Order, Regional Terms — United States sections 26 to 28 apply to disclaimers, indemnities, liability, and disputes as if the Order named the United States region. The exception for the Regional Terms — Europe in section 28 of those Regional Terms then does not apply.

36Governing law and courts

This section replaces the governing law in Licensing Terms section 22 where you contract with an EU Addvista Company. It prevails over section 3 of these Regional Terms.

36.1If you contract with an EU Addvista Company, German law governs instead, on the same exclusions, and the courts at that company's registered seat have exclusive jurisdiction. The arbitration, class-action, and jury-waiver rules of the Regional Terms — United States then do not apply.

Annex 1Model withdrawal form (Platform Terms)

This form belongs to sections 14 and 15.

Complete and return this form only if you wish to withdraw from the contract.

To: Addvista Inc., c/o Cognivity GmbH, Friedrichstraße 171, 10117 Berlin, Germany, or the regional Addvista company named in your order confirmation, email support@addvista.com.

I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service or digital service: [describe it].

Ordered on or received on: [date].

Name of consumer(s): [name].

Address of consumer(s): [address].

Signature of consumer(s), only if this form is notified on paper: [signature].

Date: [date].

Delete as appropriate.

Annex 2Model withdrawal form (Customer Terms)

This form belongs to section 24.

Complete and return this form only if you wish to withdraw from the contract.

To: Addvista Inc., c/o Cognivity GmbH, Friedrichstraße 171, 10117 Berlin, Germany, or the regional Addvista company named in your order confirmation, email support@addvista.com

I/We (*) withdraw from the contract concluded by me/us (*) for the following service:

Order number: [Order number]

Ordered on / received on: [date]

Name of consumer(s): [name]

Address of consumer(s): [address]

Signature of consumer(s) (paper only): [signature]

Date: [date]

(*) Delete as appropriate.

A clear statement of your own to support@addvista.com is equally effective. You do not have to use this form.

Annex 3Minimum wage and social-security declaration

This declaration belongs to sections 31 to 33 and applies to Works in Germany.

Give this declaration before Site access, and again on request.

I am authorized to bind the Subcontractor named in the Work Order. I declare:

• The Subcontractor pays, for every hour worked on the Works in Germany, at least the statutory minimum wage in force for that hour, and any higher generally binding sector minimum. The statutory rate is EUR 13.90 gross per hour from 1 January 2026 and EUR 14.60 gross per hour from 1 January 2027. A later statutory rate applies without a new contract.
• The Subcontractor pays all social-security, accident-insurance, and social-fund contributions, including SOKA-BAU where that fund covers the employer.
• The Subcontractor keeps Minimum Wage Act time records and will produce them, with proof of payment, within 5 Business Days after request.
• Every Sub-subcontractor and any lender of workers is bound to the same duties.
• The Subcontractor does no undeclared work, uses no agency labor in construction except in a statutory case Addvista has approved, and allows no person to work without a required residence title.
• The Annex 4 certificates that apply are attached and valid.
• The Subcontractor will tell Addvista within 5 Business Days if any of these facts change.

Name of Subcontractor:

Name and position of the signatory:

Date and signature:

A provider under Part C of the Subcontractor Terms with no employees replaces the wage and contribution sentences with: "I have no employees and no hired labor on the Works. If that changes, I will stop and provide the firm documents before any helper starts. I am responsible for my own tax and social security as a self-employed person, subject to any official status decision."

Annex 4Document checklist for Germany

These documents supplement Subcontractor Terms Annex 1 for Works in Germany. "Firm" means Part B and "solo" means Part C of the Subcontractor Terms.

Annex 5Order documents for Germany

This Annex supplements the Customer Terms for Works in Germany. It lists the mandatory local items the Order documents must carry.

A5.1 German Works under Model 1 are contracted by the regional Addvista company named in the Order Confirmation, otherwise by Addvista Inc. Model 1 craft work in Germany is offered only where the contracting Addvista company is entered in the Handwerksrolle for each Annex A craft it undertakes.

A5.2 Consumers receive the German Terms, withdrawal instructions, and model form before contracting. A consumer construction contract is made in text form and includes the statutory building description unless the customer or the customer's designer supplies the essential planning.

A5.3 Payment follows Customer Terms section 7 and section 17. Invoices follow Customer Terms section 8 and clauses 17.6 and 17.7. VOB/B is not incorporated. Business disputes go to the courts at the seat of the contracting Addvista Company. Consumers keep their statutory forum. There is no arbitration. Clause 5.1 is the VSBG statement. The imprint under § 5 DDG on the German site names the entity that provides the service, a street address, an email address, the register, and the VAT identification number.

Contact

Notices and withdrawals in Europe: Addvista Inc., c/o Cognivity GmbH, Friedrichstraße 171, 10117 Berlin, Germany, email support@addvista.com.

Telephone (withdrawal and consumer contact): +49 30 54905230

Legal notices: legal@addvista.com. Privacy: data@addvista.com. Business teams, partners, and subcontractors: partner@addvista.com.

Regional contracting party, when named in the order: the regional Addvista company or representative named in the order; otherwise Addvista Inc., 8 The Green, Ste R, Dover, DE 19901, USA.