### **Terms of Use** **1. Introduction** These Terms of Use ("Terms") govern your access to and use of the [Platform Name] platform (the "Platform"), which is operated by Oprocon ("we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform. **2. Services** The Platform provides a marketplace for businesses to buy and sell new production machinery. We may also offer additional services, such as technical advisory services, through the Platform. **3. User Accounts** To use certain features of the Platform, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. **4. Content** You are solely responsible for the content that you post or transmit through the Platform. You represent and warrant that you own or have the necessary rights to all content that you post. You agree not to post any content that is: * Unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; * Infringing any patent, trademark, trade secret, copyright or other proprietary rights of any party; * Impersonating any person or entity; * False or misleading; or * In violation of any applicable law or regulation. **5. Intellectual Property** All content on the Platform, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, and all related intellectual property rights, are the exclusive property of us or our licensors. **6. Disclaimer of Warranties** THE PLATFORM IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. **7. Limitation of Liability** IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; OR (III) ANY OTHER MATTER RELATING TO THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. **8. Governing Law and Jurisdiction** These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be resolved exclusively in the courts located in [City, Germany]. **9. Changes to Terms** We may revise these Terms from time to time. The most current version of the Terms will always be posted on the Platform. You are responsible for reviewing the Terms periodically. **10. Termination** We may terminate or suspend your access to the Platform at any time, with or without cause. **Note:** * **Customization:** This is a general template. You should consult with an attorney to customize these Terms to fit your specific business needs and comply with all applicable laws and regulations. * **Data Privacy:** Be sure to include a comprehensive privacy policy that explains how you collect, use, and protect user data. * **Technical Advisory Services:** If you offer technical advisory services, you may want to include specific terms related to those services, such as limitations of liability and disclaimers. * **Dispute Resolution:** Consider including alternative dispute resolution mechanisms, such as mediation or arbitration. **For more specific advice and to ensure full compliance with all relevant laws, please consult with an attorney.** **Additional Considerations:** * **Language:** Consider translating the Terms into multiple languages to accommodate your international user base. * **Platform-Specific Terms:** If you offer additional features or services, you may need to include specific terms related to those features. * **User Generated Content:** If users can generate content on the platform, consider including terms related to user-generated content, such as copyright ownership and takedown procedures. By providing a strong foundation for your platform, these Terms of Use can help protect your business and ensure a positive user experience.