Platform GTC

Status: 12.02.2026

Unless otherwise agreed, these General Terms and Conditions ("Platform T&Cs") of VfB Stuttgart 1893 AG, Mercedesstraße 109, 70372 Stuttgart ("VfB Stuttgart") apply to the use of the VfB Stuttgart Collectibles Platform, which is available on the website at https://collectibles.vfb.de/ ("Platform"), as well as to all services in connection with the Platform (the Platform as well as those offered in connection with the Platform). Services are hereinafter collectively referred to as the "Services" and the underlying agreement incorporating the Platform Terms is the "Platform Agreement"). In particular, the Platform T&Cs apply to the purchase and sale of Collectibles (as defined below) and Utilities (as defined below) between VfB Stuttgart and Users (as defined below) via the Platform (the contract entered into herein is hereinafter referred to as the "Purchase Agreement"). They also apply to participation in the fantasy game "Eckle Challenge" as well as the purchase of additional playing field squares ("Eckle") as part of the fantasy game.

1. DEFINITIONS

The following terms shall have the meanings assigned to them in these Platform T&Cs, unless expressly provided otherwise in the individual case.


1.1 "Offer Page" means the page on the Platform on which the specific Legend Collectible (as defined below) or Player Collectibles (as defined below) and Utilities (as defined below) are offered for sale and on which the User (as defined below) may make an offer to purchase such specific Legend Collectible or Player Collectibles and Utilities.


1.2 "Blockchain" means the blockchain or similar technology named on the Platform for the Token (as defined below) offered.


1.3 "Collectible" means a Token (as defined below) and a Medium associated with the Token (as defined below) and the rights to use the Media in accordance with Section 7.


1.4 "Eckle Challenge" means a fantasy game offered on the Platform in which the playing field of a real football match is divided into virtual squares ("Eckle"). Users can receive such corners free of charge for individual and/or multiple football matches and/or purchase them for a fee. Depending on the actions that take place during the (real) football match on the respective corner (e.g. goals, passes, tackles, etc.), users can receive points that are collected over the course of several football matches or an entire season. After reaching tiered point levels, users can receive in-game benefits and/or utilities, as well as at the end of a multi-match game season.


1.5. "Legend Collectible" means a Collectible associated with a Limited Medium, which is either purchased directly through the Platform or issued to the relevant Token Holder of such Player Collectibles (as defined below) upon the composition of an entire team of Player Collectibles (as defined below) (Section 9).


1.6 "Medium" means the medium associated with the Token (as defined below), e.g. a graphic, a 3D object or a video, as described on the Platform.


1.7 "User" means a visitor to the Platform, user of the Services, if applicable, the purchaser of Collectibles and Utilities (as defined below), and, if applicable, the winner of a prize draw (Section 11) as well as participants in the Eckle Challenge.


1.8 "Player Collectibles" means a random compilation of multiple collectibles sold in a pack (e.g. 3 or 5 packs).


1.9 "Token" means the Token subject to the Agreement on the Blockchain.


1.10 "Token holder" means the person who, as an entitled party, has power of disposal over a Token, for example by owning the corresponding cryptographic key (private key).


1.11 "Utility" means a right (e.g. discounts, discounts, vouchers, access to certain events, meetings with players) and/or a tangible item (e.g. signed jerseys, products from partners) that are purchased together with a collectible via the Platform or offered as part of the Eckle Challenge.


1.12 "Wallet" means software provided by a Wallet Provider and operated independently by which a User can manage his cryptographic key (private key) and thus dispose of purchased Tokens.

2. REGISTRATION AND USER ACCOUNT

2.1 VfB Stuttgart shall provide the Platform and access to the Services in accordance with these Platform T&Cs and the descriptions available on the Platform.


2.2 The prerequisite for the use of the Services is that the User successfully registers on the Platform and creates an account on the Platform ("User Account"). The User may, as stated in the registration process on the Platform, either


a) register with their individual VfB customer account and the password associated with it; or

b) register by providing the mandatory information specified on the Platform, in particular a valid e-mail address and a password of your choice; or

c) connect an already existing compatible wallet to the Platform in accordance with Section 3.2 and provide a valid email address.


2.3 The e-mail address provided must be suitable for communication in the long term and must be confirmed (double opt-in); in particular, so-called disposable e-mail addresses are not permitted. The creation of the user account is free of charge. All data must be provided completely and correctly. In the event of a change in the e-mail address stored in the VfB customer account or deletion of the VfB customer account, access to the user account cannot be guaranteed. In this case, the user can contact the VfB Stuttgart service centre.


2.4 If the User registers in accordance with Section 2.2 (a) or Section 2.2 (b), a Wallet will be automatically created with the Wallet Provider Caves Inc., New Castle, Delaware, United States ("Withpaper") during the registration process . The user receives the corresponding cryptographic key (private key) of his wallet at Withpaper according to the instructions in his user account. By setting up the wallet at Withpaper, a direct contractual relationship is established between Withpaper and the user.


2.5 Registration as a user is only permitted for natural persons with unlimited legal capacity (i.e. those who have reached the age of 18 or older) or legal entities or partnerships. For natural persons with limited legal capacity (i.e. those who have reached the age of at least 7 but not yet 18), the consent of their parents or legal representatives is required to conclude this Platform Agreement and to conclude purchase agreements via the Platform. VfB Stuttgart reserves the right to exclude users from certain countries or for compliance reasons, in whole or in part, from using the platform or as part of registration.


2.6 By registering on the Platform, the User accepts these Platform T&Cs in a legally binding manner and thereby concludes this Platform Agreement. By using the services offered via the Platform, the User confirms that he/she has read the Platform T&Cs and fully agrees with them. If this is not the case, the use of the Platform and the Services by the User is not permitted.


2.7 If the requirements for registration under this Section 2 are not met or are no longer met after the conclusion of the Platform Agreement, this may lead to immediate exclusion from the use of the Services and immediate termination of the Platform Agreement.


2.8 After the termination of the Platform Agreement, a User may re-register on the Platform, unless the Platform Agreement has been terminated by VfB Stuttgart in accordance with Section 21.

3. WALLET

3.1 A wallet is a prerequisite for the successful completion of registration and the creation of a user account, the acquisition and otherwise possible use of collectibles via the Services as well as outside the Services. VfB Stuttgart does not offer the wallet to users and is not obliged to do so. The Tokens are held in custody exclusively by the User. VfB Stuttgart has no influence on the functioning of the wallet and therefore bears no responsibility for the wallet or the custody of the tokens.


3.2 The User may use either the Withpaper Wallet created in accordance with Section 2.4 or an external Wallet by connecting a compatible Wallet to the User's Account for the use of the Services. The user must ensure that an external wallet is compatible with the blockchain used by the platform. Details of compatible wallets can be found on the https://collectibles.vfb.de/ platform. Compatible wallets are named on the platform, but this does not constitute a recommendation of a particular wallet.


3.3 VfB Stuttgart has no access to cryptographic keys (private keys) or tokens of the users. The User shall ensure that the Wallet used for the use of the Services, associated passwords and access data, the cryptographic key (private key) and any recovery identifiers (collectively and individually the "Wallet Access Data") are treated confidentially and that the Wallet Access Data, to the extent that it has access to them, is secured against access by third parties by means of appropriate technical and organizational measures. The User is aware that any person who has access to Wallet credentials can misuse the Wallet under their name. The User warrants that third parties will not be able to use the Wallet credentials. In particular, in order to protect the wallet access data, the user must not store it unsecured and prevent spying when entering the wallet access data. If the User discovers that another person has knowledge of the Wallet access data or if the User has a suspicion of this, the User must immediately change the affected Wallet access data as far as it is possible for him.


3.4 The User is obliged to maintain a wallet used for the use of the Services in a secure, fully functional and valid condition.


3.5 The User understands that he is solely responsible for control of his Wallet and the loss of control over the Wallet may result in the Token.


3.6 The custody of the tokens and the operation of the wallet are exclusively governed by the general terms and conditions of the respective wallet providers.

4. CONCLUSION OF CONTRACT AND OBJECT OF PURCHASE

4.1 VfB Stuttgart advertises and presents Collectibles on the Platform, which can be offered either individually (Legend Collectibles) or in packs (Player Collectibles), as well as certain utilities that can be purchased together with Collectibles. The collectibles that can be purchased, the utilities available with them and the purchase price will be determined by VfB Stuttgart in advance and published on the offer page. The offer page does not yet constitute a binding offer to conclude a purchase contract, but merely an invitation to submit an offer (invitatio ad offerendum).


4.2 Note on Player Collectibles: the offer of Player Collectibles as a random selection of Collectibles does not refer to individual Player Collectibles with specific media, but merely represents the offer of unspecified Player Collectibles. The individual Player Collectibles that the user purchases are randomly selected.


4.3 The User may make a binding offer for the purchase of a Legend Collectible or the Player Collectibles and their utilities via the offer page by truthfully providing all data required on the Platform, providing VfB Stuttgart with the address of his wallet compatible for receiving the Collectible and finally clicking on the "Buy Now" button. With the submission of the offer and for the duration of the validity of the offer, the corresponding collectibles and utilities offered with them can no longer be purchased by other interested parties and are reserved for the user.


4.4 The purchase contract is only concluded (i) upon payment of the purchase price by the user in accordance with section 5 and additionally (ii) upon acceptance of the offer by VfB Stuttgart.

The acknowledgement of receipt automatically sent to the user by VfB Stuttgart only documents the receipt of the user's offer and does not constitute acceptance of the offer. Acceptance only takes place after explicit confirmation by VfB Stuttgart in text form (§ 126b BGB) or by the transfer of the Collectible to the User's wallet address. Prior to the conclusion of the contract, VfB Stuttgart is entitled at any time to reject the offer of the contractual partner and to remove the publications of the medium on the platform and the offer page.


4.5 VfB Stuttgart's offer to conclude a purchase contract is only aimed at users who (a) have reached the age of 18 or (b) who have reached at least the age of 7 but not yet the age of 18 and who either (i) have the consent of their parents or legal representatives to conclude the purchase contract or (ii) the purchase price with their own funds, which are available to them for this purpose or at their free disposal (e.g., pocket money).

5. PURCHASE PRICE PAYMENT, GAS FEES

5.1 The User is obliged to pay the agreed purchase price. Payment of the purchase price will be made in money ("fiat currency") or in a cryptocurrency ("cryptocurrency") in accordance with the offer description. Unless otherwise stated, the purchase price includes the applicable sales tax.


5.2 The purchase price, including VAT, is due upon submission of the offer by the User.


5.3 If the payment is made in a fiat currency, the User shall pay the purchase price via an external payment service provider of the Platform (e.g. Stripe Payments Europe, Limited (SPEL), 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland), unless otherwise described on the Platform. If the payment is made in a cryptocurrency, the User must transfer the purchase price from his/her wallet set up in accordance with Section 4 to the VfB Stuttgart address provided to the User by VfB Stuttgart on the platform.


5.4 Transactions via the blockchain are subject to external costs (so-called "gas fees"). These are external costs associated with the allocation of the token and its change on the blockchain that cannot be influenced by VfB Stuttgart. The amount of the gas fees can only be determined immediately before the purchase of a content and communicated during the ordering process; it can vary from purchase to purchase. Gas fees are to be borne by the user and are to be paid in addition to the purchase price. The gas fees communicated during the ordering process are valid for 10 minutes; if the purchase process is not completed within this period, VfB Stuttgart will cancel the purchase process. The user must then initiate the purchase process again.


5.5 If VfB Stuttgart rejects the user's offer or if the user withdraws his offer before it is accepted by VfB Stuttgart, VfB Stuttgart will refund the purchase price paid by the user within 14 days of rejection of the offer or receipt of receipt of the withdrawal of the offer via the payment method chosen by the user.

6. TRANSFER OF THE TOKEN AND THE MEDIUM

6.1 VfB Stuttgart will transfer the Token to the wallet address provided by the User immediately after conclusion of the purchase agreement in accordance with Section 4.4.


6.2 Unless otherwise described on the platform, VfB Stuttgart shall make the medium available to the user via the user account.

7. GRANTING OF RIGHTS OF USE TO THE MEDIUM

7.1 Unless otherwise stated on the Offer Page, VfB Stuttgart hereby irrevocably grants a User who is a token holder of a Collectible the worldwide, non-exclusive (non-exclusive) right to use, reproduce, distribute and publicly display the medium of the Collectible for non-commercial (private) purposes (collectively, the "License"). With the transfer of the token, the user loses the license to the medium of the collectible and the license is transferred to the new token holder. Further rights of use, such as the right to edit, are not transferred.


7.2 The User accepts the above grant of rights.

8. RECEIVING AND REDEEMING UTILITIES

8.1 The Utilities purchased with Collectibles or Eckle are displayed to the User in his User Account.


8.2 If the utilities are tangible items, they will be sent by VfB Stuttgart to the address specified by the user in his user account. Other utilities (e.g. voucher codes, discounts and other perks, QR codes for access to events) are made available to the user via the user account.



8.3 For utilities that allow access to certain events (e.g. VfB Stuttgart matches, meet-and-greets with certain players), VfB Stuttgart reserves the right to offer an equivalent substitute if the events cannot be held as planned for unforeseen reasons.


8.4 If utilities (e.g. rights to access events, meet-and-greets, discounts) can only be redeemed within a certain period of time or at a certain time, these utilities will expire if the user does not redeem them in time.


8.5 Utilities will not be transferred to the new owner of a Collectible upon any transfer of a Collectible. However, VfB Stuttgart is free to grant utilities to the transferor and/or the transferee.

9. LEGEND COLLECTIBLES

VfB Stuttgart may, at its sole and absolute discretion, offer a Legend Collectible to a User who is a token holder of Player Collectibles determined by VfB Stuttgart in the context of so-called Challenges, and the User can obtain it by clicking on the "Claim Legend Collectible" button in his user account. By claiming a Legend Collectible, the team's affected Player Collectibes can no longer be traded or sold. Further details on the requirements will be published by VfB Stuttgart on the platform from time to time. The Legend Collectible is provided to the User in accordance with Sections 6 and 7.

10. FURTHER UTILITIES BY VfB STUTTGART

10.1 VfB StuttgartVfB Stuttgart may, at its sole and absolute discretion, offer additional utilities to a user who is a token holder of a particular collectible. The User will be shown the offer of additional Utilities in his User Account and can confirm or reject the acceptance by following the further instructions.


10.2 The offer for further utilities is subject to the resolutive condition of exercising any right of withdrawal with regard to the purchase contract on which the purchase of the Collectible is based. If a User withdraws from this purchase contract, this will result in the refusal to receive the Utilities and/or their reclaim.


10.3 Section 8 shall apply mutatis mutandis to the receipt and redemption of further Utilities via VfB Stuttgart.


10.4 The owners of Collectibles have no legal claim to the granting of further Utilities.

11. RAFFLES OF THE VfB STUTTGART

11.1 VfB Stuttgart VfB Stuttgart may, at its sole and absolute discretion and at any time, conduct raffles between Users who are holders of Collectibles.


11.2 Only those users who are (a) holders of certain collectibles and (b) who have reached the age of 18 will be selected for a raffle.


11.3 As part of a competition, prizes will be raffled off among the selected users as token holders of Collectibles. A winner will be determined at random. In the event of a win, the winner will be notified via his user account and can confirm the claim of the prize by following the further instructions. If the winner does not confirm the claim within a period set by VfB Stuttgart in the notification of the prize, VfB Stuttgart reserves the right to select a new winner.


11.4 The entitlement to the prize is subject to the resolutive condition of exercising any right of revocation with regard to the purchase contract on which the purchase of the Collectible is based. If a winner revokes this purchase contract, this will result in the refusal of the prize and/or its reclaim and VfB Stuttgart reserves the right to select a new winner.


11.5 If the prize consists of tangible property, the prize will be sent to the address specified by the winner in his user account. If the prize is not deliverable at this address, the claim to the prize expires. There will be no second delivery attempt. In this case, VfB Stuttgart reserves the right to determine a new winner. Other prizes will be made available to the winner via their user account.


11.6 VfB Stuttgart reserves the right to exclude users from a raffle if they suspect that they are using unauthorized aids in the raffle or are otherwise trying to gain advantages for themselves or third parties through manipulation. In this case, exclusion can also take place after the raffle and will result in the refusal of the prize and/or its reclaim.


11.7 VfB Stuttgart reserves the right to place a raffle under different or additional conditions.


11.8 VfB Stuttgart reserves the right to suspend the raffle for a temporary period of time without giving reasons or to end it prematurely if the proper conduct of the lottery can no longer be guaranteed for technical, legal or other reasons. This does not give rise to any claims against VfB Stuttgart.


11.9 Holders of Collectibles have no legal right to participate in the Prize Draw or to have the Prize Draw administered.

12. WARRANTY FOR COLLECTIBLES AND UTILITIES

12.1 VfB Stuttgart warrants that the Token, Utilities and the Medium correspond to the condition described on the Platform and thus in accordance with the contract at the time of transfer to the User and that there are no rights of third parties to the User's use to the extent contractually agreed.


12.2 The availability, resolution and quality of the medium depends on the end device used by the user and other factors that are beyond the control of VfB Stuttgart and for which no warranty is assumed.


12.3 VfB Stuttgart cannot provide any further warranty, in particular for the tradability of the Token on third-party platforms and marketplaces and compatibility with third-party networks, infrastructures, blockchains and wallets other than those mentioned on the platform. The tradability of the token on third-party platforms and marketplaces and compatibility with other networks, infrastructures, blockchains and wallets depends on a third-party approval decision, conditions or formal requirements and may be practically impracticable due to differing token standards for technical or other reasons.


12.4 With regard to the token, subsequent performance is only possible by destroying the defective token ("burning") and issuing a new token to the user's wallet address. The User is obliged to participate in the burning of the defective Token in accordance with VfB Stuttgart (e.g. by transferring the Token to a wallet address specified by VfB Stuttgart) and to take over a new Token if the contractual scope of functions is retained and the takeover does not lead to significant disadvantages for the User.


12.5 Unless otherwise stipulated in this Platform Agreement, VfB Stuttgart shall be liable for material defects and defects of title of the Token, the Medium and the Utilities in accordance with the applicable statutory provisions, in particular §§ 453 (1) sentences 2, 3, 327 et seq., §§ 474 et seq., 433 et seq. of the German Civil Code.

13. TRADABILITY OF COLLECTIBLES AND SECONDARY MARKET

13.1 VfB Stuttgart may provide Users with a function on the Platform with which a User as the owner of a Collectible can exchange his Collectibles for the Collectibles of other Users as the owner of Collectibles. VfB Stuttgart is not obliged to offer this function and reserves the right to discontinue it at any time. The exchange of collectibles via the platform requires a wallet according to section 4.


13.2 By clicking on the "Release for Exchange" button in his user account, a User can have a Collectible displayed on the Platform for Exchange without obligation or make a binding exchange offer by clicking on the "Submit Exchange Offer" button for a Collectible of another User that has been released for exchange. A binding exchange offer must be confirmed by the other user by clicking on the "Accept exchange offer" button. After acceptance of the exchange offer, the respective tokens are transferred to the corresponding wallet addresses of the users and the medium is reassigned to the corresponding user account.


13.3 The granting of rights of use to the Medium to the new token holder of a Collectible takes place in accordance with Section 7 with the assignment of the Medium to his user account.


13.4 Utilities purchased with a Collectible will not be transferred with the Collectible (see Section 8.5).


13.5 VfB Stuttgart does not give any guarantee or guarantee that an exchange partner will be found for a collectible.

14. ECKLE-CHALLENGE

14.1 In addition to the Platform T&Cs, the following regulations apply to a User's participation in the Eckle Challenge game mode. In the event of contradictions, the special provisions of this Section 14 shall take precedence.


14.2 Eckle do not represent digital assets or NFTs and can be selected by multiple users at the same time. There is no exclusive right of ownership of a corner. Eckle are not tradable or tradeable with other players. A distinction must be made between Eckle of the Basic and the Pro category ("Basic Eckle" or "Pro Eckle").


14.3 In addition to the Core Category ("Free Corner") provided free of charge to each participating User for each football match, Users who have reached the age of 18 have the opportunity to purchase additional Basic and/or Pro Category Corners, which can be used in all remaining football matches of a season ("Season Corner") for a fee. The purchase of Season Eckle is limited to 10 per calendar week and 60 per season. The provisions of Section 5 shall apply to the acquisition of the additional corner.


14.4 Points are awarded based on real events in the respective football match that occur on the respective corner (e.g. passes, goals). The points are calculated automatically according to predefined rules. The points earned may lead to virtual badges, game benefits or other rewards specified on the platform. In the event of the issuance of rewards, the provisions of Section 11 shall apply accordingly. VfB Stuttgart reserves the right to change or adjust the points system at any time.


14.5 Users undertake not to use technical manipulations or other unfair means to influence the Game. Violation of the Game Laws may result in exclusion from the game. Users may not transfer or sell their accounts and purchased content to third parties.

15. USE OF THE PLATFORM AND SERVICES

15.1 Other than the purchase of Collectibles and Utilities (see Sections 5 and 6), the Services are provided free of charge.


15.2 Access to and use of the Services is only possible for registered users and after logging in via the user account (see section 2).


15.3 The User can use the Services web-based via a browser. The prerequisite for the use of the services is that the user has a terminal device that corresponds to the current state of the art. In addition, the use of the Services requires an Internet connection of the User, which requires a sufficient data transfer rate as well as sufficient storage space on the User's end device, e.g. for downloading and watching videos. The User must keep the terminal used to access the Services up to date and have anti-virus protection installed.


15.4 The User's right to use the Services is limited to the duration of the term of the Platform Agreement, revocable, non-exclusive, non-sublicensable and non-transferable.


15.5 The entire content of the Platform and Services, including but not limited to all logos, designs, text, graphics, images, information, data, software, sound files, other files, as well as the selection and arrangement thereof, is the property of VfB Stuttgart, affiliates or third party licensors.


15.6 The User acknowledges that all further developments provided by VfB Stuttgart are the sole property of VfB Stuttgart or third parties, even if they are based on feature requests or error reports by Users, and that the User has no rights to them.


15.7 Unless this is unreasonable for the user, VfB Stuttgart reserves the right to adapt the services to market conditions and to continuously improve, expand, change and delete the services in whole or in part. In the event of defects in the Services, VfB Stuttgart is entitled to provide an updated version of the Services and the User is obliged to use this updated version.


15.8 VfB Stuttgart reserves the right to temporarily restrict access to the Services or the possibility of using them in whole or in part if this is necessary due to capacity limits or the security or integrity of the servers or in order to carry out technical measures that serve the proper provision of the Services or improvement (e.g. for maintenance work). If possible, VfB Stuttgart will carry out maintenance work after 20:00 and before 8:00 German time.


15.9 VfB Stuttgart is not obliged to provide updates or upgrades to the Services or to adapt the Services in any other way to possible changes to the hardware and/or software (in particular the operating systems).

16. WARRANTY FOR THE SERVICES

16.1 VfB Stuttgart does not give any guarantees and does not assume any warranty for the Services, in particular not to the effect that VfB Stuttgart will make the Services available without restriction.


16.2 In the event of a functional impairment (defects) of the Services, the User shall inform VfB Stuttgart by e-mail (service@vfb-stuttgart.de) or via a contact form on the Platform, stating the defects. In the event of defects, VfB Stuttgart does not owe any rectification for the specific defects. Instead, VfB Stuttgart can provide updates that are necessary to maintain the contractual condition and to remedy defects.


17. OBLIGATIONS OF THE USER

17.1 The User is obliged to:


(a) use the Services improperly and solely in accordance with the applicable law of the relevant country in which the Services are provided or used;


(b) not to take any action aimed at circumventing any technical protection measures of the Services and to refrain from any form of unauthorized use of the Services, including, but not limited to, attempts to defeat or circumvent the security mechanisms of the Services or otherwise disable them, use computer programs that enable automatic reading of data, as well as viruses, worms, Trojan horses, brute force attacks, spam or links, to use/deploy and/or disseminate programs or processes that are likely to harm VfB Stuttgart, the Services and/or other users;


(c) take all necessary and reasonable steps to prevent or limit harm from the use of the Services;


(d) not to use the Services for money laundering or other illegal activities;


(e) not to participate in or promote illegal, in particular fraudulent activities


(f) use, use, or operate bots or other forms of automation and/or multiple accounts when using the Services;


(g) modify, adapt, or reverse engineer the Services.


17.2 Any violation of Section 17.1 may result in immediate exclusion from the use of the Services, immediate termination of the Platform Agreement and the initiation of civil and criminal proceedings, as well as the assertion of claims for damages by VfB Stuttgart against the User.

18. DESTRUCTION OF THE TOKEN IN THE EVENT OF MISUSE

18.1 If there is a reasonable suspicion that the User has violated his obligations under this Platform Agreement and the User does not remedy this violation within 14 days of setting a deadline, VfB Stuttgart reserves the right to transfer the Token to the proper wallet address or, if necessary, to destroy the Token (burning). The User is obliged to participate in the burning of the Token in accordance with VfB Stuttgart (e.g. by transferring the Token to the wallet address specified by VfB Stuttgart).


18.2 Setting a deadline is not required in the case of irremediable breaches or serious breaches, such as those based on intent or those of Section 17.1.

19. LIABILITY

19.1 In the event of any slightly negligent causation of damage, VfB Stuttgart shall only be liable in the event of a breach of a contractual obligation by VfB Stuttgart, its legal representative or its vicarious agents, the fulfilment of which characterises the Platform Agreement and on which the User may rely, and limited to the foreseeable damage typical of the contract. Sentence 1 shall not apply to damages resulting from injury to life, limb or health, nor to cases of mandatory liability, in particular liability for cases in which a procurement risk or a guarantee for damages has been assumed, in the event of liability under the Product Liability Act, liability under the GDPR or fraudulent concealment of a defect.


19.2 Claims for damages against VfB Stuttgart pursuant to Section 19.1 sentence 1 shall become time-barred two years after they arise, unless a case under Section 19.1 sentence 2 applies.


19.3 The liability of VfB Stuttgart pursuant to Section 19.1 sentence 1 is limited to 1,000 euros for all damages incurred.


19.4 Subject to liability for intent in accordance with Section 19.1, VfB Stuttgart's liability for indirect damages, such as loss of profit, is excluded.


19.5 VfB Stuttgart shall not be liable for damages resulting from a breach of contract or unauthorised changes by the user or third parties, in particular wallet providers.

20. EXEMPTION

The User undertakes to fully indemnify VfB Stuttgart against any claims by third parties that they assert on the basis of an infringement of rights attributable to the User, unless the User proves that he is not responsible for the breach of duty causing the damage.

21. CONTRACT TERM AND TERMINATION

21.1. The Platform Agreement is concluded for an indefinite period of time. VfB Stuttgart may terminate the Platform Agreement at any time without observing a notice period by deactivating the Services. The User may terminate the Platform Agreement at any time without observing a notice period by clicking on the corresponding functionality and the "Delete User Account" button in the User Account.


21.2. Termination for good cause remains unaffected for both sides. An important reason for VfB Stuttgart exists in particular, but not conclusively, if one or more of the following events occur:


a) A case of Section 2.7 exists (the User does not or no longer fulfils the requirements for registration on the Platform).


b) A case of Section 16.2 exists (breach of the User's obligations, suspicion of misuse).


c) A case of Section 23.5 (Violation of Money Laundering and Terrorist Financing) exists.


d) VfB Stuttgart must cease operating the platform, for example because an authority or a court demands that VfB Stuttgart stop selling the collectibles or operating the platform.


e) Due to a change in applicable laws or official requirements, VfB Stuttgart is no longer in a position to perform the services provided for in these Platform T&Cs.


f) For reasons beyond VfB Stuttgart's sphere of influence, VfB Stuttgart is not in a position to continue operating the platform for a longer period of time.


21.3. The termination of the Platform Agreement shall not affect any existing contractual relationships between the User and Wallet Providers. The term of the contract and the possibility of terminating these contracts are based on the content of the provisions applicable to these legal relationships.


21.4. In the event of termination of the Platform Agreement and thus of the User Account, all further declarations and information will no longer be transmitted to the User via the communication area set up on the Platform, but exclusively to the e-mail address last provided by the User.


21.5. All provisions of this Platform Agreement that can reasonably be construed to survive the termination or termination of the Platform Agreement, including, but not limited to, Sections 1 (Definitions), Section 10 (Provision of Additional Utilities by VfB Stuttgart), Section 11 (Sweepstakes), Section 12 (Warranty for Collectibles and Utilities); Section 19 (Liability); Section 20 (Indemnification); Section 21 (Term and Termination), Section 24 (Money Laundering and Terrorist Financing), Section 28 (Choice of Law and Jurisdiction) and Section 29 (Severability) shall survive the termination or termination of this Agreement.


21.6 With the exception of data backups within the framework of normal backup processes, VfB Stuttgart shall delete all data of the registered user within the Platform within thirty (30) days of the termination taking effect, insofar as this is legally permissible, i.e. in particular to the extent that there are no statutory retention or archiving periods to the contrary. The data created on the blockchain cannot be deleted due to its fundamental immutability and nature as a continuous register.

22. LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY SERVICES

Users use all links provided on the Platform to visit third-party websites as well as third-party services, in particular wallet providers, payment service providers and KYC providers ("Third-Party Services") at their own risk. If a user leaves the platform, the information displayed by him or her will not be provided by VfB Stuttgart. These Platform T&Cs do not govern the use of third-party websites and third-party services. VfB Stuttgart does not monitor and has no control over these websites and third-party services. To the extent that such links are made available on the Platform or the connection to third-party services through the Platform is facilitated, they are provided only as a convenience. Links to another website or a possible connection to third-party services do not mean that VfB Stuttgart endorses, adopts or sponsors these websites and/or third-party services or joins them.

23. CHANGE OF CONTRACTUAL PARTNER

23.1 VfB Stuttgart may at any time appoint a third party to take its place in the rights and obligations arising from this Platform Agreement (Assumption of Contract). VfB Stuttgart will inform the user of this with a notice period of four weeks in advance.


23.2 The User hereby consents to the assumption of a contract between VfB Stuttgart and the named third party and the resulting substitution of its contractual partner, the Platform Contract and any purchase contracts concluded via the Platform.

24. MONEY LAUNDERING AND TERRORIST FINANCING

24.1 The User warrants that:


a) Collectibles is not used in any way for illegal or unethical purposes, including acts related to money laundering, terrorist financing or other actions that violate applicable law,


b) the User does not use the proceeds of criminal or illegal activities to pay the purchase price, and


c) no transactions with Collectibles are used to facilitate or engage in criminal or illegal activities, including acts related to money laundering, terrorist financing or other acts that violate applicable law.


24.2 The User warrants that at the time of concluding the Platform Agreement, no criminal or regulatory investigations are pending against the User, any company affiliated with the User, officers or shareholders of the Investor in connection with the User's business activities.


24.3 The User warrants that, at the time of concluding the Platform Agreement,


a) the User is not listed on a United Nations, USA, European Union or Swiss sanctions list;


b) the User does not (i) act indirectly (e.g. as a proxy or messenger) for any natural or legal person listed on any of the sanctions lists referred to in paragraph (a), nor (ii) directly or indirectly transfer assets of any kind to them.


24.4 If any of the aforementioned events occur after the conclusion of the Platform Agreement and during the term of the Platform Agreement, the User undertakes, to the extent permissible, to inform VfB Stuttgart immediately and to suspend all transactions in connection with the Platform Agreement immediately until the event no longer occurs.


24.5 Any violation of Section 24 may result in immediate exclusion from use of the Services and termination of the Platform Agreement without notice.

25. DATA PROTECTION

The data protection information of VfB Stuttgart can be found at https://collectibles.vfb.de/legal/privacy-policy; they are not the subject of this Platform Agreement.

26. OBLIGATIONS AND RISK

26.1 The User agrees that once the Collectible has been transferred, the responsibility for the use of the Collectible will be his/her alone. The user must inform themselves about how to transfer the token from their wallet to the third-party wallet and how to secure the token against loss and theft.


26.2 The User understands that after the transfer of the Collectible, he is responsible for the legal permissibility of the use of the Collectible. He must therefore make sure in each individual case of use that the specific use of the collectible is permitted, such as a public sale.


26.3 The User agrees that VfB Stuttgart does not assume any obligation or otherwise guarantee that Collectibles is or will be tradable on regulated or unregulated markets (in particular online platforms) and/or that third parties attribute a market value to Collectibles. VfB Stuttgart has no obligation to obtain permission, approval or the like for the trade, sale or exchange of collectibles on other online platforms and/or marketplaces.


26.4 The User is responsible for the technical ownership of the Collectible. The User acknowledges that he/she may no longer be able to exercise the rights of use if he/she no longer owns the Collectible or has otherwise lost control of the Collectible.


26.5 The User understands that the Token is technically based on a blockchain. This blockchain is not operated by VfB Stuttgart, but by third parties. VfB Stuttgart has no influence on the network and therefore does not guarantee and assume no responsibility for its functioning. Deficiencies in the functionality of the blockchain can lead to errors in the token, which in turn can lead to a situation where the user loses control of the token. The user confirms that they have sufficient knowledge of blockchain technology and know how to secure their wallet.


26.6 VfB Stuttgart does not owe and does not provide any advice regarding the acquisition of the rights of use and the collectible. Any decision to purchase is made by the user at his or her own risk. VfB Stuttgart cannot and does not provide the User with binding information about future price developments, tradability, market developments or similar economic forecasts via Collectibles. No representation or warranty is made with respect to forward-looking statements.


26.7 The value of the Collectibles may be subject to significant price fluctuations (so-called volatility), which may be due to various unforeseeable developments. VfB Stuttgart does not assume any liability for future positive market price developments of the Collectible or the medium and is not liable for any losses suffered by the user.


26.8 The User is obliged to deal with the associated risks before making a purchase.

27. DISPUTE RESOLUTION

27.1 In accordance with Art. 14 (1) of Regulation (EU) No. 524/2013 on Online Dispute Resolution Procedures (ODR Regulation), VfB Stuttgart is legally obliged to refer a user who is a consumer within the meaning of Section 13 of the German Civil Code to the European Online Dispute Resolution Platform (ODR Platform) of the European Commission. The consumer can reach them under http://ec.eoropa.eu/consumers/odr/.


27.2 VfB Stuttgart does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.

28. CHOICE OF LAW AND PLACE OF JURISDICTION

28.1 This Platform Agreement and its interpretation as well as all non-contractual obligations related to it shall be governed by German law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.


28.2 The Platform Agreement, the Platform T&Cs, the License Agreement and the Sales Agreement are subject to the jurisdiction of the courts in Germany, unless statutory national consumer protection regulations in the country in which the User has his or her domicile or habitual residence take precedence in his favour. In the event that the user moves his or her place of residence or habitual residence out of the area of application of German law after the conclusion of the contract or if his or her place of residence or habitual residence is not known at the time the action is filed, the Stuttgart Regional Court shall have jurisdiction.

29. SEVERABILITY CLAUSE

Should individual provisions of these Platform T&Cs be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. General terms and conditions that are not included or are invalid are replaced by statutory law (Section 306 (2) of the German Civil Code). In all other respects, the parties will make an effective provision in place of the void or invalid provision that comes as close as possible to it economically, unless a supplementary interpretation of the contract takes precedence or is possible. The same applies in the event of contractual gaps.