General Terms and Conditions
+423 798 96 18
1. Area of Application
These terms and conditions apply to all our services that are performed and offered in the course of a contractual relationship between you as a customer and Eternalyst AG (Eternalyst).
The use of https://eternalyst.ai/ (website) and the purchase of digital publications (hereinafter “products”) are subject to the GTC. Eternalyst operates https://eternalyst.ai/ and is a contractual partner.
2. Data Protection
We take data protection very seriously. We collect and process personal data to fulfill our contractual obligations and in the course of correspondence with you. The data processing of personal data carried out by us is carried out in compliance with the General Data Protection Regulation (EU) 2016/679 and national data protection legislation (Data Protection Act, Data Protection Regulation and data protection provisions explicitly listed in secondary legislation as amended).
When placing an order, you therefore expressly agree that we may process, transfer or transmit (within the meaning of the applicable data protection legislation) the personal data relating to you and/or your company to the extent that this appears necessary and expedient for the fulfillment of the tasks assigned to us by you or results from our legal obligations.
3. Usage of eternalyst.ai
You can use https://eternalyst.ai/ with or without registration. When purchasing the “NFT-Börsenbrief” (digital publication in the form of an e-paper), registration is required for use.
Registered users receive access to their user account/user profile after successful registration.
People over the age of 16 or the national minimum age requirement can register at https://eternalyst.ai/. The registration must be in the official name. The address to be used is the residential address given to the authorities.
Eternalyst AG is entitled to refuse registrations or deactivate registrations without giving reasons. Users will be informed of this by e-mail.
Registration can be deactivated at any time by sending an e-mail to firstname.lastname@example.org or in the user account. Deactivation of the user account has no effect on outstanding deliveries for subscriptions to digital publications that have already been paid for.
Eternalyst does not perform any activities for which a special statutory license is required within the meaning of Art. 5 para. 1 FMAG or which are reserved for legally licensed professionals. In particular, Eternalyst does not provide investment advice or advice in relation to crypto assets. The contents of the website and the products represent only the opinions and results of the research of Eternalyst or its editors and authors with regard to artistic and technical topics.
4. Your Information and Cooperation Obligations
In order to purchase a subscription, you are obliged to inform us immediately of all information and facts that could be of significance in connection with the delivery of digital publications and to make all necessary documents available to us.
During the existence of the order, you are obliged to inform us of all changed or newly occurring circumstances which could be of significance in connection with the execution of the order as soon as they become known.
When fulfilling contracts in connection with data protection law, we may rely on the documents you have obtained. You are obliged to provide us immediately with all information and documents necessary for the fulfillment of our order.
Changes of name and/or address must be made online in the personal user account or reported to email@example.com.
5. Conclusion and Fulfillment of the Contract
Products or subscriptions on https://eternalyst.ai/ can be paid for and obtained by credit card or by invoice, in accordance with the payment methods displayed on the website.
All orders are binding as soon as a user clicks on the “Buy now” button (conclusion of contract).
Delivery will be made to the e-mail address you have provided.
6. Entitlement to Remuneration
Payment for a product is made either by credit card or invoice. If the payment deadline expires without timely payment, a user is in default and Eternalyst may withdraw from the contract and cancel the order for the product.
In the case of payment against invoice, a user undertakes to pay the invoiced amount by the due date stated on the invoice. If no such period is specified, a payment period of 30 days from conclusion of the contract shall apply. For subscriptions, full payment is due immediately upon conclusion of the contract.
If you default on payment of all or part of the invoice, you will owe us default interest at the statutory rate. Any further legal claims remain unaffected.
7. Termination and Renewal
Subscriptions are automatically renewed unless they are canceled with a notice period of 14 days to the end of the paid term.
Notice of termination must be given in writing, stating the name, customer number and/or order number (by post or e-mail). In addition, the General Terms and Conditions of Digistore24 GmbH, which handles the sale of subscriptions for Eternalyst, apply.
In the event of breaches of contract, in particular infringements of Eternalyst’s intellectual property, Eternalyst reserves the right to terminate the business relationship extraordinarily.
In addition, the possibility of a free exchange on a Discord channel is created by the Eternalyst. Eternalyst has the discretion to remove users from this channel, with such temporary or permanent removal generally only occurring for unlawful, offensive or other improper behavior in accordance with internal policies.
8. Our Liability
Subject to mandatory statutory provisions, Eternalyst is not liable for indirect or non-contractual damages.
Liability for negligence towards entrepreneurs is excluded.
Liability for slight negligence towards consumers is excluded.
Liability for intent remains unaffected. If Eternalyst’s liability is excluded or limited, this also applies to the personal liability of its employees and vicarious agents.
We are not liable for actions taken on the basis of incomplete, misleading, deceptive or incorrect information or documents provided to us by you.
https://eternalyst.ai/ and subpages may be temporarily unavailable or only available to a limited extent due to maintenance work or other reasons. Eternalyst is not liable for the temporary unavailability of the website, the failure of individual or all functions or for malfunctions of the website.
The https://eternalyst.ai/ website contains links to third-party websites. These sites are not operated or monitored by Eternalyst. Eternalyst disclaims any responsibility for the content and operation of linked sites.
9. Statute of Limitations / Preclusion
Unless a shorter statute of limitations or preclusive period applies by law, you as an entrepreneur within the meaning of the KSchG will forfeit all claims against us if they are not filed by you within six months of the time at which you become aware of the damage and the person of the person causing the damage or of the other event giving rise to the claim have become aware of, can be asserted in court, but no later than five years after the conduct (violation) that caused the damage (give rise to the claim).
For you as a consumer within the meaning of the KSchG, all claims, but not warranty claims, against us shall lapse if they are not asserted by you in court within one year of the time at which you became aware of the damage and the person causing the damage or of the event otherwise giving rise to the claim, but at the latest after the expiry of five years after the conduct (violation) causing the damage (giving rise to the claim).
10. Intellectual Property
Eternalyst is the author and operator of https://eternalyst.ai/. All trademarks, names, logos, images, designs, texts and other materials used on https://eternalyst.ai/ belong to Eternalyst, unless otherwise indicated.
The texts on the website and in the products as well as their design are protected by copyright. All rights, in particular the right of reproduction, distribution and translation, are reserved. No part of these pages may be reproduced in any form or by any means or stored, processed, copied or distributed using electronic systems without written permission. However, the downloading of texts for personal, private and non-commercial use is permitted.
The complete or partial reproduction, transmission, modification, linking or use of the trademarks, names, logos, images, designs, texts and other materials for public or commercial purposes is only permitted with the prior written consent of Eternalyst.
11. Choice of Law and Place of Jurisdiction
The business relationship is governed by Liechtenstein law to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with mandatory consumer protection provisions of the member state in which you as a consumer have your main place of residence.
For legal disputes arising from or in connection with the contractual relationship governed by the Terms and Conditions, including disputes about its validity, it is agreed that the competent court at our registered office shall have jurisdiction, unless this is contrary to mandatory law.
Eternalyst reserves the right to assert claims against you in your place of jurisdiction as well as in any other competent court.
12. Severability Clause
The invalidity of individual provisions of these GTC or the contractual relationships governed hereby shall not affect the validity of the remaining agreements. The contracting parties undertake to replace ineffective provisions with a provision that comes as close as possible to the economic result of the ineffective provision.
Our declarations to you are deemed to have been received if they are sent to the address you provided when initiating or concluding the contract or to the changed address subsequently communicated in writing. However, unless otherwise agreed, we may correspond with you in any way we deem appropriate.
Declarations to be made in writing in accordance with these Terms and Conditions of Contract may – unless otherwise specified – also be made by fax or e-mail.
In the absence of written instructions to the contrary, we are entitled to conduct e-mail correspondence with you in unencrypted form. You declare that you are aware of the associated risks (in particular access, confidentiality, alteration of messages in the course of transmission) and agree, in full knowledge of these risks, that e-mail traffic will not be carried out in encrypted form.
14. Amendment of the GTC and Operation of the Website
In particular, in the event of changes to the legal framework, we may amend, delete or add the Terms and Conditions at any time, including changes to our fees, by posting such change on the Website or otherwise notifying you of such change by posting a revised version of these Terms and Conditions. We will notify you of any changes when the change becomes effective and, if you do not object, you will be deemed to have accepted the change; this does not apply if a change is required by law or relates to the addition of a new service, additional functionality to an existing service or any other change that does not worsen your rights or obligations. In such cases, the amendment shall enter into force immediately. If you do not agree with a change or object to a change to the terms and conditions, you may no longer use our services. This does not affect contracts already entered into.
Eternalyst reserves the right to deactivate https://eternalyst.ai/ at any time without prior notice. Users have no claim against Eternalyst as a result. The deactivation of the website has no effect on the fulfillment of contracts already entered into in relation to digital publications.
15. Right of Withdrawal and Consequences of Withdrawal
You acknowledge that the consumer protection law, in particular the Liechtenstein Consumer Protection Act (KSchG), provides in its § 4 that a consumer has the right to withdraw from a contract with a company without giving reasons within fourteen (14) days, starting on the day after the acceptance of the contract, if the consumer’s contractual declaration was not made in premises used by the company for business purposes.
You further acknowledge that, pursuant to Section 12 of the Liechtenstein Distance Selling and Off-Premises Transactions Act (FAGG), a consumer has the right to withdraw from a contract concluded with an entrepreneur at a distance or off-premises (e.g. online) without giving reasons within fourteen (14) days, starting on the day after conclusion of the contract.
The right of withdrawal under the KSchG does not apply if, among other things: (i) the user has initiated the business relationship with Eternalyst for the purpose of concluding a business relationship (§ 4 para. 3 lit a KSchG); (ii) the conclusion of a business relationship was not preceded by discussions between the parties or their representatives (Section 4 (3) (b) KSchG); (iii) the business relationship is subject to the Distance and Off-Premises Selling Act (FAGG) (Section 4 (3) (d) KSchG).
You acknowledge that you have no right of withdrawal from a service provided for in these terms and conditions under the Consumer Protection Act (KSchG), as the Distance Selling Act (FAGG) applies.
You also acknowledge that, pursuant to Art. 19 (1) (i) FAGG, you have no right of withdrawal when purchasing newspapers, magazines or periodicals with the exception of subscription contracts for the delivery of such publications.
The user acknowledges that according to § 19 para. 1 lit a and l FAGG, the consumer has no right of withdrawal from distance or off-premises contracts if Eternalyst had started to perform the service – even before the expiry of the withdrawal period – on the basis of an express request by the consumer and the consumer’s knowledge and confirmation of the loss of the right of withdrawal upon complete performance of the contract and the service was then provided in full. Likewise, there is no right of withdrawal for the delivery of digital content not stored on a physical data carrier if the entrepreneur – with the express consent of the consumer, in conjunction with the consumer’s knowledge of the loss of the right of withdrawal in the event of premature commencement of contract fulfillment, and after providing a copy or confirmation of the conclusion of a business relationship (conclusion of contract) – has begun delivery before the expiry of the withdrawal period pursuant to Art 12 FAGG (commencement of withdrawal period with possession of the first delivered product).
You acknowledge the loss of the right of withdrawal if you expressly agree to immediate delivery and fulfillment of the contract.
In the event of withdrawal from the business relationship, both parties must repay the respective consideration paid for the conclusion of this business relationship. To exercise your right of withdrawal, you must inform Eternalyst by means of a clear statement (e.g. letter or e-mail) of your decision to withdraw from this contract. You can use the attached sample “Withdrawal form”. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided or goods and products purchased up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. Appropriateness of the amount means the fee that has been agreed with you and that has already been incurred for services rendered.
If you exercise your right of withdrawal, the business relationship will be terminated.