General Terms and Conditions (GTC)

General Terms and Conditions for the use of the online marketplace www.MilktheSun.com as well as verification and brokerage services of MTS Solar Portal L.L.C. Provider of the services described below is the company: Solar Portal L.L.C., office 107 Bayswater, Business Bay, Dubai, United Arab Emirates, represented by the management. Both companies together are hereinafter referred to as MtS.

§ 1 Scope of Application, Definitions

1. These General Terms and Conditions (GTC) apply to

a. the use of the online marketplace "www.MilktheSun.com" operated by MtS

b. the verification and brokerage services of MtS in connection with the planning and construction of, trading with and brokerage of services related to photovoltaic systems. It is irrelevant whether the brokerage services and/or verifications are laid down in individual or multiple contract documents or consist wholly or partially of information from the online marketplace and/or from further communication.

2. "CUSTOMER" within the meaning of these provisions is any natural or legal person or (also partially) legally capable partnership that has been registered by MtS and has received access data from MtS. Customers are not consumers within the meaning of § 13 BGB, i.e. natural persons who conclude the respective legal transaction for a purpose that is attributed to a commercial activity. The operation of a commercial photovoltaic investment always requires the registration of a business with the competent trade office. The customers are therefore entrepreneurs according to § 14 BGB.

3. Only the GTC of MtS apply exclusively. Conflicting or deviating conditions of a contractual partner are rejected. The deviating GTC have no effect unless their validity has been expressly agreed to by MtS.

§ 2 Registration, Contract Conclusion and Duration, Termination

1. To use the MtS online marketplace, each customer registers via the registration form with their email address and a password chosen by them. They then receive an email to verify their email address and activate their account. After activation, the customer can use the online marketplace. The usage contract between MtS and the CUSTOMER comes into effect through activation of the account.

2. Due to both parties' endeavor for a long-term trustful business relationship and due to the source protection agreement, this usage contract is concluded for a fixed period of 2 years. During this period, the contract cannot be terminated ordinarily. After expiration of the fixed term, it automatically extends until it is terminated in writing with one month's notice.

3. Each contractual party may terminate for important cause without observing a notice period. An important cause exists when, taking into account all circumstances of the individual case and weighing the mutual interests, the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period.

4. Withdrawal, revocation or termination must be declared in writing.

§ 3 Service Description

1. MtS provides the CUSTOMER with an online marketplace with an area for contact, review and evaluation as well as preparation of contract conclusions related to the purchase and/or sale of so-called "brokerage objects". The term "brokerage objects" is to be interpreted broadly. This includes in particular (a) project rights for photovoltaic systems, (b) photovoltaic systems to be created in the future and (c) already completely or partially completed photovoltaic systems as well as combinations of objects that can be subsumed under (a) to (c). The term "project rights" mentioned under (a) in the preceding sentence is also to be interpreted broadly and refers to any type of transferable legal positions related to the planning and construction of a photovoltaic system. This includes, for example, public or private law permits, expert opinions, studies, technical planning, usage contracts or contracts relating to the acquisition, manufacture or delivery of individual parts or assemblies of a photovoltaic system.

2. The registered CUSTOMERS can either offer brokerage objects for sale as providers (referred to as "PROVIDERS" in the online marketplace) or read these offers as purchase prospects (referred to as "PROSPECTS" in the online marketplace). PROSPECTS can submit bids or questions directed to PROVIDERS to MtS. MtS forwards these questions and bids to the respective PROVIDERS. Negotiation with providers should generally take place through MtS employees.

3. MtS is not a contractual party to the purchase contracts between PROVIDERS and PROSPECTS. These purchase contracts exclusively bind the respective involved providers and purchase prospects. The purchase contracts are processed and fulfilled outside of the online marketplace provided by MtS. MtS does not submit purchase contract offers in its own name and does not accept purchase contract offers from CUSTOMERS.

4. MtS is not the owner of the brokerage objects offered on the online marketplace or holder of the offered legal positions. MtS has no influence on the fulfillment of contracts concluded between the CUSTOMERS of the online marketplace. MtS is not responsible for the suitability of a brokerage object for a specific purpose presupposed by a USER or for the success that a buyer strives for with the brokerage object delivered/promised by the seller. The same applies to any legal or material defects of the contract objects.

§ 4 General Terms of Use / Confidentiality of Information

1. The services provided by MtS to the CUSTOMER (cf. the regulation of § 3 of the GTC) and information are intended only for the CUSTOMER's own immediate use and must be treated as strictly confidential. The CUSTOMER is prohibited from passing on to third parties or trading with the data and information about persons, companies, products, projects, offers or companies that came to their knowledge through MtS without express consent from MtS. Should the CUSTOMER represent operating or participating companies, they have the possibility to name these companies by name when registering as a CUSTOMER. The companies named and represented by customers are then not considered third parties within the meaning of this provision.

2. The CUSTOMER has the obligation to immediately notify MtS of all changes regarding their address, personal or company data (in particular the legal form of the company or the company name).

3. The access data provided by MtS for using the online marketplace must be kept inaccessible to third parties, may not be passed on to third parties and must be secured against unauthorized access.

4. The CUSTOMER is responsible within the framework of legal provisions for all actions contrary to law and/or contract that are committed using their access data. The CUSTOMER must notify MtS of any misuse of their access data without culpable delay after becoming aware of it, so that MtS can block the access data.

5. The CUSTOMER is not entitled during the term of this agreement, thus during the time they use MtS's platform through their account or this has not been deactivated, to market or have marketed PV projects on another online marketplace in Germany. This also applies for another 2 years after termination of cooperation by termination of this contract in written form. In case of violation, the CUSTOMER owes MtS the commission that MtS would have earned through brokering the project. Should such a violation occur, MtS must first request the CUSTOMER to cease and desist before it can assert claims.

§ 5 Special Conditions for Providers

1. A PROVIDER has the possibility to post information about the brokerage objects they offer in the online marketplace. The provider must place each of their brokerage objects in the correct category and describe it accurately and completely. In particular, they are obligated to point out any conditions, withdrawal rights and other reservations. Brokerage objects are described by entering project information into the fields provided for this purpose. Additionally, PROVIDERS provide further project documentation. The provider must provide all information essential for the prospect's purchase decision. This includes in particular all commercially essential properties and value-forming characteristics of the offered object as well as any restrictions and circumstances that may influence the value of the offered brokerage object. MtS is not obligated to verify the provider's information. No information may be entered into the fields for project information that enables direct contact with the respective provider (for example telephone or fax numbers, email addresses, internet addresses, etc.) or is suitable for drawing conclusions about such information.

2. MtS reserves the right to review each offer before publication on the online marketplace and to refuse or terminate publication.

3. Should changes to the brokerage object be made or occur, these must be announced immediately, but at the latest within 5 days in the online marketplace by correcting the project information and project documentation.

4. A violation of the above obligations leads to blocking and exclusion from MtS services.

5. The PROVIDERS undertake to inform MtS unsolicited about the conclusion of follow-up business with CUSTOMERS and to provide comprehensive information about any follow-up business upon first request, if necessary by creating a book extract.

§ 6 Special Conditions for Purchase Prospects

1. To be registered as a purchase prospect, a prospect must express and demonstrate their purchase interest to MtS.

2. After registration, a purchase prospect has the possibility to view the project information of the brokerage objects offered on the online marketplace.

3. However, registration does not yet enable the purchase prospect to view the protected project documentation that exists for each project. The purchase prospect can apply for each individual brokerage object to have the protected project documentation released for them and to be informed of the provider's contact details. After review and positive decision on this application by MtS, the purchase prospect is enabled to view the project documentation of the respective brokerage project.

4. In case of purchase interest, the purchase prospect can contact an employee from MtS's sales team to get information about the brokerage object.

5. MtS only establishes contact between the purchase prospect and the provider of a brokerage object after a binding order placement and down payment by the purchase prospect to MtS has been made. This way MtS ensures that contact between the two future contracting parties only occurs when there is subsequently also a high probability that a contractual relationship will arise.

6. The purchase contract is then concluded directly between purchase prospect and provider. The down payment already made is offset against the purchase price.

§ 7 Brokerage of Purchase Contracts

1. MtS brokers the final purchase contract signed by both sides. MtS ensures that communication between buyer and seller runs exclusively through MtS and direct contact between buyer and seller is not necessary. During the marketing period, contact between the client and end buyer should take place exclusively through MtS. For later exchange, the client may communicate directly with the end buyer for the purpose of transfer in case of existing systems or updates on construction progress. If the new investor wishes to make another investment, communication may only take place exclusively through MtS.

2. Should the CUSTOMER wish to finance a purchase object that they want to acquire through the platform, a down payment of 100 €/kWp of the purchase price must be made to the MTS payment processing center within 7 working days from contract signing. Whether the purchase price is financed is regulated in the purchase contract between seller and buyer. The buyer then has a maximum of 6 weeks until the financing is paid out and the purchase price is paid. Subsequently, the seller can withdraw from the purchase contract. In case of withdrawal, the buyer owes MTS a compensation fee of 100 €/kWp of the purchase price, according to these GTC. Should there be a withdrawal after the 6-week deadline or a delayed payout, the buyer pays standby fees at the rate of the statutory default interest rates for commercial transactions valid at that time (from January 2025: 11.27% p.a.) to MTS calculated daily until the time of withdrawal or until full purchase price payment to the seller. The standby fees are incurred regardless of who is responsible for the delay.

3. MtS only brokers the purchase contract to be concluded with the seller. MtS is neither a contractual partner nor does MtS enter into any obligations with the purchase contract to be concluded.

4. The purchase contract to be concluded with the seller has no influence on this legal relationship between CUSTOMER and MtS. Neither is MtS obligated to anything from the purchase contract towards the client nor does the existence or non-existence, invalidity or becoming invalid of the purchase contract influence this contractual relationship.

5. A repayment obligation of MtS's commission to the CUSTOMER in case of termination, withdrawal, invalidity or becoming invalid or unwinding of the purchase contract between the client and the seller of the system does not exist in any case. Any repayment claims of the buyer exist only exclusively against the seller.

6. The CUSTOMER has been informed that the purchase price consists of two components: The brokerage commission to MTS and the purchase price that the seller receives. The commission to MTS is paid by the seller. This also applies if the seller withdraws from this contract due to an impossible realization of the project. In this case, the buyer receives back the payments already made by the seller. Should the seller withdraw from this contract due to the buyer's fault, e.g. due to non-payment of the purchase price, the MTS commission is to be borne by the CUSTOMER.

7. The CUSTOMER must adhere to the contractually agreed process in the purchase contract, so that payment or down payment of the purchase price is made to the account of the payment processing center. Should the CUSTOMER not adhere to this and MtS therefore not receive commission payment from the seller, the CUSTOMER is liable for the commission lost to MtS.

§ 8 Source Protection and Confidentiality Agreement

1. The CUSTOMER undertakes not to use in any way for themselves or pass on to third parties sellers, general contractors, buyers, banks, investors, institutions, companies, persons and all other participants as well as their business partner-related data that they have received from MtS for the duration of three years after termination of cooperation, and not to enter into direct business contact with them, neither directly nor through third parties, unless written approval from MtS exists. The CUSTOMER will not use for themselves or third parties documents and information that they have received from MtS or a participant in connection with contract implementation or project realization, as well as the knowledge gained about the project participants, their needs and their nature. The CUSTOMER will keep the information provided and knowledge gained secret. They may only make this accessible to employees insofar as this is absolutely necessary for execution. These employees must be correspondingly obligated to maintain confidentiality.

2. For MtS, protecting its own customers is of paramount importance. All contacts provided by MtS should be handled exclusively through MtS for future business. If an intentional violation of source protection leads to business or follow-up business with sellers brokered by MtS without MtS being involved in the transaction, the contractual penalty amounts to three times the lost profit of the lost transaction. (The simple lost profit would not be a penalty, as this amount would be incurred anyway if processing took place contractually through MtS and since not every circumvention may be noticed, even double the lost profit is not a possible contractual penalty.). If MtS cannot demonstrate the amount of commission, a flat rate of 100€/kWp commission for projects throughout Germany and 30€/kWp for projects worldwide outside Germany is applied. The triple commissions would thus be 300€/kWp or 90€/kWp respectively. This applies, among other things, to business where the CUSTOMER directly contacts the contacts brokered by MtS or the seller directly contacts the client without processing this through MtS. The CUSTOMER is obligated to report any attempt at circumvention by a seller to MtS. Likewise, all sellers have committed to MtS not to circumvent MtS and to report such an attempt. Even the intentional attempt at circumvention is prohibited and leads to a flat contractual penalty of 10,000€. Only intentional and knowing violations of source protection lead to a contractual penalty.

3. The CUSTOMER assures absolute confidentiality and secrecy towards MtS about the contents they have received on the MtS platform in activated status, as well as about the concluded transactions and all other information they have obtained in communication with MtS. The CUSTOMER will not pass on or publish any information about this unless this has been released in writing by MtS or is required or permitted by law or official order. In case of culpable violation of the confidentiality obligation, a contractual penalty of 20,000€ is due, unless higher damage is proven. If the violation of this agreement is a continuing violation, the violator is obligated to pay an additional amount of the same amount for each month that this violation continues and in which they do not work to cease the violation.

§ 9 Contractual Penalty/Damages for Disclosure or Publication of Data

PROSPECTS and other CUSTOMERS of the online marketplace are not permitted to use the information and data made accessible to them through use, in particular data on projects, contacts, offers or products, or contact with employees or former employees of the company, for consideration or free of charge for purposes other than the contractually agreed own purposes or for third-party purposes. In particular, to publish, distribute, pass on, store or reproduce offer and address data for consideration or free of charge, to have this done by third parties or to participate in such actions. A violation of these confidentiality and secrecy obligations leads to damage claims and to a disclosure obligation, so that MtS can determine the extent to which data misuse has occurred. CUSTOMERS are also not permitted to send advertising to registered CUSTOMERS without their prior express consent, to have it sent or to participate in this. Any confidentiality agreements existing between the PROSPECT and MtS remain unaffected by this, as do the continuing commission payment obligations according to § 8.

§ 10 Right of First Refusal

MtS regularly brokers PV systems. Therefore, it is interested in also buying or brokering systems already brokered by it, should a sale be pending. For this reason, the CUSTOMER hereby grants it the right to acquire the purchase object under the conditions of a third-party purchaser (right of first refusal), provided they have acquired a PV system through MtS. MtS can also name another buyer in its place who acquires the PV project. If a purchase contract is concluded with an investor, MtS has the right to acquire the system under exactly these conditions before the investor. This right in favor of MtS thus creates no disadvantage for the buyer. The right only applies to sales cases with uninvolved third parties, i.e. in free marketing with brokers, solar companies etc., expressly not for sales cases with relatives of the buyer or for sales cases with the buyer's enterprises. The buyer must inform every buyer or potential buyer of the existence of the right of first refusal and immediately notify MtS of the content of the contract after conclusion of a sale.

§ 11 Brokerage/Verification Commission, Follow-up Commission

1. MtS does not charge a protection fee for releasing protected project documentation to prospects.

2. MtS does not charge a commission from the buyer of a brokerage object for establishing contact between providers and purchase prospects and the business transactions resulting from the contact. Instead, MtS receives compensation from the provider after successful brokerage. This is individually agreed between MtS and the provider.

3. The compensation due to MtS from the provider is due and earned when one or more contracts (e.g. development cooperations, option contracts, purchase contracts, work or work delivery contracts etc.) are concluded between the provider of a brokerage object and the buyer/prospect regarding the brokerage object advertised on the MtS platform or another photovoltaic project of the provider.

4. All prices mentioned in these GTC and in individual offers are net plus statutory VAT.

6. If the fulfillment of a validly concluded contract between provider and buyer fails, MtS's compensation remains unaffected. This also applies if one or both parties withdraw from the contract, subsequently cancel or challenge the already concluded contract.

7. Sellers and end buyers undertake to disclose legal transactions among themselves up to 3 years after expiration of the marketing period to avoid circumvention transactions. In case of violation, a penalty payment becomes due. The amount of the penalty payment equals the sum of the purchase price or purchase prices concluded in the circumvention between provider and purchase prospect.

8. The compensation payment obligation also exists for every follow-up business between the purchase prospect and the provider that the USERS conclude within three years from the date of conclusion of an initial business proven or brokered by MtS. It is irrelevant whether the follow-up business comes about through the online marketplace. The processing of these businesses may only take place through MtS's sales team exclusively. The providers undertake to inform MtS unsolicited about the purchase prospect's contact if they request another project for purchase. The purchase prospects undertake to inform MtS unsolicited about the provider's contact if they offer another project for sale.

9. If the same offer was already offered to the prospect elsewhere before the brokerage project was activated by MtS, this prior knowledge must be communicated in writing to MtS by the prospect within 10 days with submission of evidence. If this is omitted, the defense of prior knowledge is excluded and MtS's compensation claim exists regardless of prior knowledge. For successful brokerage services, MtS's compensation claim arises regardless of any prior knowledge of the prospect.

§ 12 Service Description for Brokerage Services by MtS

1. MtS offers its CUSTOMERS, among other things, the brokerage of contracts for financing photovoltaic systems. For this purpose, the customer confirms their brokerage order to MtS with their free inquiry for financing via the online form. MtS is commissioned and authorized by the applicant to transmit the data to one or more financial institutions to request a non-binding and free offer for photovoltaic financing.

2. The customer authorizes MtS to receive the non-binding credit offer, information on the further course of their financing as well as data and documents in connection with the financing for the purpose of supporting the customer in the context of financing and forwarding to them, from interested financial institutions.

3. The customer consents to the disclosure of their data by the interested financial institution or releases it from banking secrecy to this extent. This release can be revoked by the customer at any time informally towards MtS or the financial institution.

4. The customer authorizes MtS to view the data and forms submitted by the customer that are necessary for concluding the photovoltaic financing, and to review and check them for completeness and plausibility before forwarding to the credit institution.

5. Depending on the financing type and financing partner, MtS charges a brokerage commission directly from the customer, instead of being compensated afterwards by the financing partner. The customer confirms this brokerage commission with their inquiry. A brokerage commission becomes due upon successful conclusion of a brokered financing contract. The exact amount of the brokerage commission depends on the brokered loan amount, and is communicated concretely to the customer before conclusion of a financing contract, as well as considered and transparently communicated as a cost component in all calculations.

6. The financial institution transmits the documents for concluding a financing contract to the customer after appropriate review (offer). A contract for financing a photovoltaic system only comes into effect when the customer accepts the offer.

§ 13 Solarganizer (This function has been discontinued since 01.2024)

1. MtS offers CUSTOMERS an online data room (also called "Solarganizer"). Here CUSTOMERS can upload their project-related documents and files.

2. The basic version of Solarganizer is free of charge for CUSTOMERS.

3. The possibility to store data in Solarganizer does not release the customer from an obligation to regularly back up this data independently. Data backup is not a service obligation of MtS.

4. MtS cannot guarantee minimum availability of Solarganizer.

5. The contents and stored data of CUSTOMERS accessible via Solarganizer may not violate legal prohibitions, good morals or rights of third parties (in particular trademark and copyright). The CUSTOMERS undertake to indemnify MtS from claims of third parties of any kind that result from the illegality of content that the CUSTOMER has stored on the contractual storage space and/or the contractually improper misappropriation of the provided server services. The indemnification obligation also includes the obligation to fully indemnify MtS from legal defense costs (e.g. court and lawyer costs).

6. The CUSTOMERS must ensure that MtS's website, Solarganizer or data of other CUSTOMERS, server stability, server performance or server availability are not impaired contrary to the contractually presupposed use. This also includes the obligation of CUSTOMERS to only upload files to Solarganizer that have previously been checked by a current virus and malware program. This also means that only the CUSTOMERS are responsible for their own data uploaded to Solarganizer.

§ 14 Responsibility for Content and Indemnification Claims

1. MtS is merely the operator of the online marketplace. It only provides the CUSTOMER with the possibility to publish their own offers there. MtS has no obligation to check the offers before publication for their content or legal permissibility. MtS does not adopt the information offered there as its own.

2. The CUSTOMER alone is responsible for their offers and content and information published on the online marketplace. The CUSTOMER is obligated to observe applicable law in all publications on the online marketplace. This applies in particular with regard to the selection, design and publication of offers as well as the transmission and publication of project information and project documentation. The CUSTOMER must ensure that no legal violations are committed through their actions. Their publications may not violate protective laws, criminal laws or regulatory provisions nor rights of third parties (in particular commercial protective rights such as patent, trademark, mark or name and personality rights), of any kind.

3. The CUSTOMER undertakes to indemnify MtS from all claims of third parties - of any kind - that are related to the publication of the data and offers provided by them. The indemnification obligation includes damage and expense compensation claims as well as reimbursement of legal defense costs (e.g. court, lawyer and possibly patent lawyer costs) that MtS incurs to defend against demands and claims asserted against MtS due to the information published by the CUSTOMER. Upon request by MtS, the CUSTOMER must make reasonable advance payments on these indemnification claims.

§ 15 Rejection and Removal of Database Entries/Account Blocking

MtS has the right to block offers of a CUSTOMER and/or their access data if the CUSTOMER violates the provisions of these GTC, good morals, applicable law or rights of third parties or MtS has a legitimate interest in blocking the CUSTOMER. The inclusion of new offers is at MtS's discretion.

§ 16 Special Provisions on Liability Limitation of MtS

1. MtS is not liable for the accuracy and/or completeness of information, tips, advice or recommendations contained on its websites or made accessible through them.

2. Further excluded is any liability of MtS for damages based on data transmission errors, data loss or incorrect reproduction of a database entry after its input, insofar as these are not damages caused by intentional or grossly negligent behavior of MtS, its legal representatives or vicarious agents.

3. Towards entrepreneurs within the meaning of § 14 BGB, MtS is liable - except in case of violation of contract-essential obligations (obligations whose compliance and fulfillment first enable the proper performance of the contract and on whose fulfillment the contractual partner may rely considering all circumstances of the individual case) - for damages only if and insofar as the legal representatives or managing employees of MtS act intentionally or with gross negligence. The above liability limitation applies to compensation for indirect damages, in particular for lost profit. Within the framework of the liability standard described above, MtS is only liable up to the amount of damages typically foreseeable at the time of contract conclusion.

4. The above liability limitations and exclusions do not apply to claims under the Product Liability Act, damages from injury to life, body, health or mandatory legal liability standards or in case of intentional or grossly negligent conduct by MtS.

5. MtS is not liable for errors in hardware or software on the servers used to operate or manage the online marketplace, direct errors such as data destruction on the CUSTOMER's local system, virus transmission, unavailability, damage to hardware and software on the CUSTOMER's local IT system. There is no claim by the CUSTOMER to completeness, accuracy or restoration of data (e.g. in case of destruction of databases used to operate the online marketplace). This only applies insofar as MtS is not at fault for intent or gross negligence.

§ 17 Data Protection

1. MtS processes personal data of CUSTOMERS for specific purposes and in accordance with legal provisions. The personal data provided for registration or contract conclusion purposes (such as name, email address, address, payment data) are only used by MtS for contract fulfillment and processing. This data is treated confidentially and not passed on to third parties who are not involved in contract conclusion and payment process.

2. CUSTOMERS have the right to receive information free of charge upon request about the personal data stored about them by MtS. Additionally, they have the right to correction of incorrect data, blocking and deletion of personal data, insofar as no legal retention obligation opposes this.

§ 18 Place of Performance and Jurisdiction / Applicable Law

1. The place of jurisdiction and performance for the fulfillment of all obligations from or in connection with this contract is Dubai.

2. MtS has the right to assign its claims from these GTC wholly or partially to a third party. The CUSTOMER already agrees to this assignment now.

3. If MtS assigns its claims from these GTC to another company from Germany so that it can assert the claims, Nuremberg, Germany applies as place of jurisdiction or performance.

4. The substantive law of the Federal Republic of Germany applies to this contract, excluding UN sales law.

§ 19 Final Provisions

1. MtS is entitled to advertise for its own purposes with the contractual photovoltaic system. For these purposes, MtS is entitled to use the location, image material and yield figures in advertising such as in newsletters and on websites of the seller as well as its partners.

2. Insofar as rights and obligations from this contract are bound to deadlines, these begin to run from termination of this contract - regardless of the reason.

3. If a deadline agreed in this contract should be inappropriate and invalid in its duration, such a deadline is considered agreed that is to be regarded as appropriate and valid, provided no legal minimum or maximum duration is provided.

4. The rights and obligations of the contracting parties are governed exclusively by this contract. To this extent, the contract replaces any pre-contractual declarations of the parties. No side agreements to this contract exist.

5. All agreements, in particular changes, supplements as well as communications and side agreements concerning the contract that are made between the contracting parties for the purpose of executing this contract, require written form. This also applies to changing the written form requirement itself.

6. Should individual provisions of this contract be or become legally invalid or should gaps arise in this contract, the validity of the remaining contractual provisions should not be affected thereby. Instead of the invalid provisions or to fill gaps, an appropriate regulation should apply that comes closest to what the contracting parties wanted or would have wanted according to the sense and purpose of the contract if they had considered the invalidity of the regulation made.

§ 20 Changes to these GTC, Contract Language

1. MtS reserves the right to change these GTC at any time without giving reasons. The CUSTOMER receives the changed conditions by email at least two weeks before they come into effect. If the CUSTOMER does not object to the validity of the new GTC within 2 weeks after receiving the email, the changed GTC are considered accepted.

2. Should the GTC have been objected to, the account must be deleted independently and may no longer be used. As soon as the account is logged into again, the GTC are again considered agreed to.

3. The user agrees to the currently valid GTC at the time with each login to their account. This also applies if the domain milkthesun.com has been sold and is used by another company.

4. The contract language is German, insofar as no mandatory provisions oppose this.