The user shall indemnify and hold senken harmless from all claims asserted against senken by third parties arising out of the user's improper, contract-violating, or unlawful use of the user account and the platform, to the extent that the user is responsible for such improper, contract-violating, or unlawful use. In this regard, the user shall assume the costs of necessary legal defense of senken, including all court and attorney's fees in the statutory amount. The user is obliged to immediately, truthfully and completely provide senken with all information required for examining the claims and for defense purposes, in case of a claim made by third parties.
13. Cancellation Policy
If the user is a consumer according to § 13 of the German Civil Code (“
BGB”) (i.e., a natural person who concludes the usage agreement for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity), the user has a right of revocation regarding the usage agreement in accordance with the following provisions.
Right of withdrawal
You have the right to withdraw your contractual declaration within 14 days without giving any reasons by means of a clear statement. The withdrawal period shall begin after conclusion of the contract and after you have received the contractual provisions, including the general terms and conditions, as well as all the information listed below under section 2 on a durable medium (e.g. letter, fax, email). To comply with the withdrawal period, it is sufficient to send the notice of withdrawal in due time if the declaration is made on a durable medium. The revocation must be addressed to:
Lottumstrasse 15, 10119 Berlin
Information required for the start of the revocation period
The information referred to in Section 1, sentence 2 includes the following information:
the identity of the company, including the public business register in which the legal entity is registered and the corresponding registration number or equivalent identification;
the main business activity of the company and the supervisory authority responsible for its admission;
the valid address of the company and any other address relevant to the business relationship between the company and the consumer, and in the case of legal entities, associations of persons or groups of persons, the name of the authorized representative;
the essential features of the financial service and information on how the contract is concluded;
the total price of the financial service, including all related components, as well as any taxes paid by the company, or, if no precise price can be given, its basis for calculation, which allows the consumer to verify the price;
any additional costs that may arise, as well as a reference to possible additional taxes or costs that are not paid or invoiced by the company;
a note that the financial service relates to financial instruments that are subject to specific risks due to their specific features or the transactions to be carried out, or whose price fluctuates in the financial market, over which the company has no influence, and that earnings generated in the past are not indicative of future earnings;
details on payment and performance;
- the existence or non-existence of a right of revocation, as well as the conditions, details of the exercise, in particular the name and address of the person to whom the revocation must be declared, and the legal consequences of the revocation, including information on the amount the consumer must pay for the service provided in the event of revocation if the consumer is obligated to pay compensation (based on Section 357a of the German Civil Code);
das Bestehen oder Nichtbestehen eines Widerrufsrechts sowie die Bedingungen,
Einzelheiten der Ausübung, insbesondere Name und Anschrift desjenigen, gegenüber
dem der Widerruf zu erklären ist, und die Rechtsfolgen des Widerrufs
einschließlich Informationen über den Betrag, den der Verbraucher im Fall des
Widerrufs für die erbrachte Leistung zu zahlen hat, sofern er zur Zahlung von
Wertersatz verpflichtet ist (zugrunde liegende Vorschrift: § 357a des
the minimum term of the contract if it contains a permanent or regularly recurring service;
the contractual termination conditions, including any contractual penalties;
the Member States of the European Union whose law the company bases its establishment of relations with the consumer before conclusion of the contract;
a contractual clause on the law applicable to the contract or the competent court;
the languages in which the contract terms and the preliminary information mentioned in this revocation policy are communicated, as well as the languages in which the company agrees, with the consumer's consent, to conduct communication during the term of this contract;
a note on whether the consumer can use an out-of-court complaint and appeal procedure to which the company is subject, and, if applicable, its access requirements.
Consequences of Withdrawal
In the event of an effective withdrawal, the services received by both parties are to be returned. If you have been informed and expressly agreed that the provision of the service may begin before the end of the withdrawal period and have agreed to this, you are obliged to pay compensation for the service provided until the withdrawal. If you are obliged to pay compensation, this may mean that you still have to fulfill your contractual payment obligations for the period until the withdrawal. Your right of withdrawal shall expire prematurely if the contract has been fully fulfilled by both parties at your express request before you have exercised your right of withdrawal. Any obligations to reimburse payments must be fulfilled within 30 days. This period begins for you with the sending of your withdrawal declaration and for us with its receipt.