Terms of Service

Acceptance of Terms

By accessing and using the website marketgenius.world (the "Website") and the services provided by MarketGenius GmbH ("we", "our", "us", or "MarketGenius"), you accept and agree to be bound by these Terms of Service ("Terms").

If you do not agree with any part of these Terms, you must not use our Website or services. These Terms apply to all users of the Website, including without limitation users who are browsers, customers, and contributors of content.

MarketGenius is a limited liability company (GmbH) registered in Germany with registration number HRB102804, located at Beethovenstraße 98, 50690 Cologne, North Rhine-Westphalia, Germany.

Description of Services

MarketGenius provides commercial renovation services including but not limited to:

• Office renovations and refurbishments
• Retail space design and fit-out services
• Restaurant and hospitality venue renovations
• Complete commercial property refurbishments
• Project management and consultation services

All services are subject to separate written agreements and contracts that will govern the specific terms of each project engagement.

User Obligations

When using our Website and services, you agree to:

• Provide accurate, current, and complete information when requested
• Use the Website and services only for lawful purposes and in accordance with these Terms
• Not use the Website in any way that could damage, disable, or impair the Website
• Not attempt to gain unauthorised access to any portion of the Website or any other systems or networks
• Respect the intellectual property rights of MarketGenius and third parties
• Comply with all applicable laws and regulations

You are responsible for maintaining the confidentiality of any account information and for all activities that occur under your account.

Intellectual Property

The Website and its original content, features, and functionality are and will remain the exclusive property of MarketGenius and its licensors. The Website is protected by copyright, trademark, and other laws of Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use

All intellectual property rights in any designs, plans, or creative work produced as part of our services shall be subject to the terms of the specific service agreement.

Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our services. By using our services, you agree to the collection and use of information in accordance with our Privacy Policy.

We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws. For detailed information about how we handle your personal data, please review our Privacy Policy.

Service Agreements and Contracts

These Terms govern your use of our Website and general relationship with MarketGenius. Specific renovation projects and services will be governed by separate written agreements that will include:

• Detailed scope of work and project specifications
• Project timeline and milestones
• Pricing, payment terms, and conditions
• Warranty and guarantee provisions
• Health and safety requirements
• Insurance and liability arrangements

In the event of any conflict between these Terms and a specific service agreement, the service agreement shall prevail with respect to the services covered by that agreement.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall MarketGenius, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Website or services
• Any unauthorised access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Website
• Any bugs, viruses, trojan horses, or the like that may be transmitted through the Website
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content

Our total liability to you for any damages arising from or related to these Terms or your use of the Website shall not exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the liability.

Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless MarketGenius and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

This indemnification applies to claims resulting from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use caused damage to a third party.

Governing Law

These Terms shall be interpreted and governed by the laws of Germany, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Cologne, Germany, and the parties hereby consent to personal jurisdiction and venue therein.

If you are a consumer residing in the European Union, you also have the right to bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.

The European Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/. We are willing to participate in alternative dispute resolution proceedings before a consumer arbitration board.

Termination

We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Website will cease immediately. If you wish to terminate your account, you may simply discontinue using the Website.

Termination of these Terms shall not affect:

• Any ongoing service agreements or contracts for renovation projects
• Any obligations that have accrued prior to termination
• Provisions that by their nature should survive termination, including intellectual property, limitation of liability, indemnification, and governing law clauses

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.

If you do not agree to the new terms, please stop using the Website. It is your responsibility to check these Terms periodically for changes.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

The failure of MarketGenius to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Entire Agreement

These Terms of Service, together with our Privacy Policy and any specific service agreements, constitute the sole and entire agreement between you and MarketGenius regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.