Terms of Use

Processia Ltd
Management & Consulting
Gotse Delchev Nr. 12
2850 Petrich
Tel.: +359 88 955 2336
E-Mail: Info@processia.net

**Preamble**

The Torvia - hereinafter referred to as "Provider" - provides its users - hereinafter referred to as "Customers" - with the platform Torvia.de free of charge. The offer is aimed at entrepreneurs.

Here, customers can create and publish job offers and requests - hereinafter referred to as "Ads" - consisting of text on Torvia.de. Additionally, customers can view the ads of other customers and enter into purchase agreements with other customers.

**1. Contractual Basis**

1.1 All contracts concluded by the customer with the provider are based exclusively on these Terms and Conditions (T&Cs). The customer expressly acknowledges these T&Cs upon registration.

1.2 Paid advertising and membership plans are shown during checkout. Before an order is placed, the price, scope and term are displayed. Payment is processed through Stripe. The provider for the Torvia service is the party named in the checkout.

1.3 The provider makes the website Torvia.de (hereinafter referred to as the platform) available but is not itself the provider of the products advertised in the ads.

1.4 Any natural or legal person may place ads on the advertising platform. There is generally no entitlement to the publication of an ad.

1.5 Posting a basic listing and registering are free of charge. Optional paid plans may be available. Their price, scope and term are shown before an order is placed.

1.6 Contracts can be concluded between customers on the platform. The provider only provides the technical and organizational infrastructure. The provider does not become a contractual partner. The fulfillment of contracts concluded via the platform is solely between the customers.

1.7 Customers are obliged to comply with applicable laws when using the platform and to ensure that the content they upload does not violate applicable law or the rights of third parties. The provider only checks the content published by members on the platform for obvious legal violations. However, the provider does not guarantee the accuracy and completeness of the information and statements made in the ads, the services offered as such, or the behavior and performance of the advertiser.

1.8 It is prohibited to resell data such as contact information or to use it for sending advertisements unless the respective user has expressly consented to such use of their data in advance.

**2. Registration, Use, Termination**

2.1 Registration is free of charge. Any natural or legal person and partnership is entitled to register.

2.2 By submitting the registration form, the customer makes an offer to the provider for the conclusion of a user agreement with the provider. The customer will receive a confirmation email with an individual link. By clicking on the "Confirm Email Address" link, a contract for the free use of the platform is concluded between the customer and the provider. There is no entitlement to the conclusion of a user agreement.

2.3 After the user agreement is concluded, a customer account will be created for the customer, for which they can choose a password. Through this account, the customer can manage their ads and contact other customers to enter into purchase agreements.

2.4 Minor customers are not entitled to register. The provider reserves the right to block registrations of minor customers and to delete the accounts.

2.5 When registering, the customer data must be provided truthfully and completely. The customer is obliged to update their data immediately in their customer account in case of changes.

2.6 Each customer may only register one customer account.

2.7 The provider also reserves the right to change or delete individual ads in case of violations of these Terms and Conditions or in the event of violations of third-party rights or other legal violations.

2.8 The provider reserves the right to temporarily block or terminate a customer account that violates third-party rights or these Terms and Conditions without notice.

2.9 The customer may terminate their contract with the provider at any time by deleting their customer account. The customer must ensure that any pending legal transactions are not disrupted.

2.10 Paid offerings for ad upgrades do not need to be canceled, as they are one-time payments. After the expiration of the period, the ads will automatically revert to the free version.

**3. Paid Services**

Paid advertising and membership plans are subject to the prices, services and terms shown during checkout. The contract for the Torvia service is concluded with the provider named there. Payment is processed through Stripe.

**4. Content Requirements for Ads**

4.1 Each customer is responsible for the content of their ads. This also means that all legal requirements and information obligations must be fulfilled by the customer themselves.

4.2 It is prohibited to post ads, texts, images, or other content that violate legal provisions, infringe on the rights of third parties, or violate these T&Cs. It is also prohibited to make untrue or misleading statements.

**5. Special Obligations of the Customer**

5.1 The customer is obliged to refrain from actions that endanger the secure operation of the platform, could annoy other customers, or violate third-party rights.

5.2 The customer is also obliged to back up and archive their data and information stored within the platform that they currently need or may need in the future on their own storage medium.

**6. Warranty**

6.1 The statutory law on performance disturbances applies.

6.2 For merchants, the legal provisions, inspection, and complaint obligations under the HGB (Commercial Code) apply.

**7. Right of Withdrawal**

The statutory provisions on the right of withdrawal (§ 355 BGB) and the accompanying withdrawal instruction provided with the contract offer apply only to consumers. The current withdrawal instruction can be viewed at any time on our homepage under the menu item "Right of Withdrawal".

**8. Limitation of Liability**

8.1 The provider is liable, except for injuries to life, body, and health and violations of essential contractual obligations (cardinal obligations), only for damages resulting from intentional or grossly negligent behavior. This also applies to indirect consequential damages, particularly lost profits. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.

8.2 Liability, except in cases of intentional or grossly negligent behavior or damages resulting from injuries to life, body, and health and violations of essential contractual obligations (cardinal obligations), is limited to the damages typically foreseeable at the time of the contract conclusion and otherwise limited to the average damages typical for the contract. This also applies to indirect consequential damages, particularly lost profits.

8.3 The limitation of liability in paragraphs 1 and 2 also applies in favor of the employees and agents of the provider.

8.4 Claims for liability under the Product Liability Act remain unaffected.

**9. Final Provisions**

9.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. Mandatory provisions of the state in which the customer has their habitual residence remain unaffected.

9.2 The place of fulfillment is the provider's registered office, provided the customer is a merchant.

9.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, or has no general jurisdiction in the country or relocates their residence abroad after the conclusion of the contract or their residence is unknown at the time of the lawsuit, the place of jurisdiction is the registered office of the provider in Germany.

9.4 If individual provisions of this contract are ineffective or contradict legal regulations, the contract shall remain unaffected in all other respects.