1. Scope and Subject of the Contract
These Terms of Use apply to the use of all digital payment services offered by Powerful Payments GmbH (hereinafter "Provider") under the domain powerfulpayments.com. The subject of the contract is the provision of a platform for processing online payments as well as related security and analysis functions.
The Provider provides its services exclusively on the basis of these terms. Deviating terms of the user shall not be recognized unless the Provider expressly agrees to them in writing.
2. Rights and Obligations of Users
The user is obliged to provide complete and truthful information during registration and to keep it up to date at all times. Use of the service is only permitted with a secure password and while maintaining the confidentiality of access data.
It is prohibited to use the platform for illegal, fraudulent or abusive purposes. In particular, no transactions may be carried out that violate applicable German or European law.
- The user is liable for all actions taken under their account.
- If unauthorized use is suspected, the Provider must be informed immediately.
- The user may not use automated scripts or bots that impair the functionality of the platform.
3. Scope of Services and Availability
The Provider makes the payment platform available with an average availability of 99.5% per calendar year. Maintenance work that affects availability will, if possible, be carried out during periods of low usage and announced in good time.
The Provider assumes no warranty for uninterrupted availability insofar as this is impaired by force majeure, technical disruptions outside the Provider's sphere of influence, or necessary maintenance work.
3.1 Limited Liability for Outages
The Provider shall not be liable for damages caused by the temporary unavailability of the service, unless these are due to intent or gross negligence on the part of the Provider.
4. Limitation of Liability
The Provider shall be liable without limitation for damages resulting from injury to life, body or health, as well as for damages based on intentional or grossly negligent conduct by the Provider or its legal representatives or vicarious agents.
Otherwise, the Provider's liability is limited to compensation for foreseeable, typically occurring damages, insofar as these are based on a simple negligent breach of essential contractual obligations. Liability for data loss is limited to the typical cost of restoration.
- Liability for lost profit is excluded unless mandatory statutory liability applies.
- The above limitations of liability also apply to the personal liability of employees, representatives and organs of the Provider.
5. Termination and Cessation of Use
The user may terminate the use of the service at any time without stating reasons by deleting their account via the platform settings. The Provider may terminate the contractual relationship for good cause without notice, particularly in the event of a violation of legal regulations or these Terms of Use.
After termination of the contractual relationship, the user's data will be deleted in accordance with data protection regulations, unless there is a statutory retention obligation. Transactions already completed remain unaffected by the termination.
5.1 Blocking Access
The Provider is entitled to temporarily block the user's access if there is suspicion of misuse. The user will be informed of the blocking immediately and will be given the opportunity to comment.
6. Changes to the Terms of Use
The Provider reserves the right to change these Terms of Use at any time with effect for the future, insofar as this is necessary for legal or technical reasons. The user will be informed of material changes by email to the address on file.
If the user does not object to the changed terms within four weeks of receiving the change notification, the changed terms shall be deemed accepted. The Provider will inform the user of this period and the significance of their silence in the change notification.
7. Final Provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of performance and exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of the Provider, provided the user is a merchant or a legal entity under public law.
Should any provision of these Terms of Use be or become invalid, the validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, a valid regulation shall apply that comes closest to the economic purpose of the invalid provision.
For questions regarding these Terms of Use, please contact: Powerful Payments GmbH, Sophia-Köster-Weg 657, Email: info@powerfulpayments.com