Preamble
Greenrock Energy Austria GmbH, Herzog-Friedrich-Straße 10, 6020 Innsbruck has placed tokens within the framework of an electronic securities issue which allow investors to participate in the company's revenues. Greenrock Energy Austria GmbH provides investors with the Investor Dashboard for acquisition, settlement and payouts. The use of this Investor Dashboard is subject to the following regulations. The terms and conditions of the bond are regulated in a prospectus and are not subject to these terms of use.
1. scope of application
1.1 These Terms of Use of "Greenrock Energy Austria GmbH" (hereinafter referred to as "Provider" or "Provider") apply to all services offered by the Provider in its Investor Dashboard which a consumer or entrepreneur (hereinafter referred to as "Investor") makes use of from the Provider.
1.2 A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2 Conclusion of Contract
The investor submits an application for the conclusion of the user contract to the provider by creating a user account on the platform and accepting the terms of use ("offer"). For the user account the investor provides, in addition to the master data, his e-mail address and a password ("Access Data").
The Provider accepts the Offer of the Investor subject to the conditions precedent that
(i) the Investor or his legal representatives have proven his identity through the service offered in the Platform;
(ii) the Investor is or becomes the owner of electronic securities (Tokens) of the Provider; and
(iii) the Investor has provided (through a Custody Provider, if applicable) a Polygon Compatible Wallet Address ("Conditions Precedent").
As soon as the Conditions Precedent of Acceptance have occurred and thereby the Usage Agreement between the Investor and the Provider has been concluded, the Provider shall notify the Investor by email that the Usage Account is now ready for use.
3. scope of services
The Investor Dashboard provides the Investor with all the services necessary to securely manage the entitlements associated with the ownership of GREBI and GREBII tokens in accordance with regulatory requirements. Essentially, these are documents and certificates for the taxation of the revenue shares, the management of the bank account for the payment of the profit disbursement and a display of the current token balance.
The Provider shall always strive for unrestricted usability and availability of the Investor Dashboard but cannot provide an unrestricted guarantee for securing it. The Provider is obligated to ensure an average annual usability and availability of the Investor Dashboard of 99% ("Service Level").
The services provided shall also be in accordance with the contract insofar as the Service Level is reduced by a maximum of 1% on an annual average and the usability or availability of the services is restricted by:
Repair, update or maintenance work on the Provider's website, or circumstances beyond the Provider's control, in particular all actions of third parties not acting on behalf of the Provider and the availability of technical Internet functions beyond the Provider's control.
4 Duties of care of the Investor
4.1 At the time of registration and thereafter, the Investor shall ensure that the e-mail address provided can be reached and that the mailbox belonging to this e-mail address is within his exclusive access. Loss of access or potential misuse of the investor dashboard must be reported to the provider immediately in writing.
4.2 The Investor is responsible for the security and confidentiality of his access data to the Investor Dashboard. The access data must be protected accordingly against unauthorized access. Passing on the access data is not permitted. The investor shall also protect the access data by using a secure password consisting of numbers, letters and special characters and by changing the password at regular intervals.
4.3 The availability of the Investor Dashboard is dependent on Internet access. The investor shall be responsible for ensuring that the necessary system requirements are met in order to be able to use the services offered.
4.4 If the investor uses third-party offers (in particular scraping software and add-ons), he is responsible for ensuring that these do not impair the investor dashboard. In this respect, the Provider assumes no warranty for compatibility and is not liable for damages resulting from the use of such offers.
4.5 The Investor must respond to requests from the Provider without delay.
5 Liability
The liability of the provider from all contractual, quasi-contractual and legal as well as tortious claims for damages and reimbursement of expenses is determined as follows:
5.1 The Provider shall only be liable without limitation for damages that can be attributed to intentional or grossly negligent conduct.
In the event of injury to life, body and health and the violation of essential contractual obligations (cardinal obligations), the Provider shall also be liable in the event of slight negligence. An essential contractual obligation is an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on. This shall also apply to indirect consequential damages such as, in particular, loss of profit and to mandatory liability as under the Product Liability Act.
5.2 Liability shall be limited - except in the case of intentional or grossly negligent conduct or in the case of damage resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) - to the damage typically foreseeable at the time of the conclusion of the contract and otherwise to the amount of the average damage typical for the contract. This shall also apply to indirect consequential damages such as, in particular, loss of profit.
5.3 Any further liability of the Provider is excluded.
5.4 The foregoing liability provisions shall also apply mutatis mutandis to the benefit of the Provider's employees and vicarious agents.
6. applicable law
6.1 The law of the Republic of Austria shall apply.
6.2 The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Investor has his habitual residence as a consumer, shall remain unaffected.