Terms of Use

I. Scope and Subject Matter of the Agreement

(1) These terms of use govern the use of the Highcovery Partner Dashboard, operated at dashboard.highcovery.com by Leonardo Antonio Carta, c/o Emperon Studio GmbH, Sachsenring 51a, 50677 Cologne, Germany (hereinafter "Highcovery"). The Dashboard allows partners (hereinafter referred to as "Partners") to manage their businesses and products and display them on the Highcovery platform through our apps and websites.

(2) The Dashboard is intended exclusively for businesses within the meaning of Section 14 of the German Civil Code (BGB).

(3) The usage agreement is concluded when a Partner Account is created and these terms of use are accepted in the Dashboard.

(4) Participation in the affiliate programme is additionally governed by the Affiliate Terms, and further services by the respective contract terms accepted in the Dashboard. Within their scope, these take precedence over these terms of use.

(5) Changes to these terms of use are governed by section VIII.

II. Registration and Account

(1) The use of the Partner Dashboard requires registration. The following information must be provided:

• Name
• Email address
• Company name
• Business address (street, postcode, city, country; house number and state are optional)

During registration, a document verifying the business (e.g. business registration or commercial register extract) can be uploaded as a PDF file. Highcovery reviews new Partners and activates them manually; Highcovery may request further evidence.

(2) To ensure a secure platform, Highcovery reserves the right to verify the provided business information. This is done through manual review of documents and verification of the business address. Upon successful verification, Partners will gain access to the Dashboard. There is no entitlement to activation.

(3) The Partner is obliged to keep their login credentials confidential and to ensure that no unauthorised third party gains access to the Dashboard. Two-factor sign-in via an authenticator app can be activated in the Dashboard; Highcovery recommends doing so. Backup codes for emergencies are generated in the process; they are shown only once and the Partner keeps them in a safe place. Alternatively, the Partner can sign in with passkeys set up in the Dashboard. When signing in with a passkey, no additional two-factor sign-in prompt takes place. The Partner secures the devices and password managers on which its passkeys are stored against unauthorised access and removes passkeys of lost devices in the Dashboard without delay. If the Partner selects "Stay signed in" when signing in, the Partner remains signed in on that device for up to seven days. Highcovery is not liable for any damages resulting from unauthorised use of the Partner Account by third parties, unless Highcovery is responsible for it.

(4) Partners must keep their information up to date and promptly update any changes in the Dashboard. Changes to a business's address are checked automatically by geocoding and applied as soon as the address is found.

(5) Highcovery may access the Partner Account for support, verification and moderation and may sign in to the Partner's view for this purpose. Such access is logged.

III. Use of the Dashboard

(1) Through the Dashboard, Partners can manage and publish the following data:

• Business information (e.g. name, type, address, opening hours, delivery areas, images, vouchers)
• Product information (e.g. name, type, price, discounts, THC and CBD content, product images, variants, attributes)
• Status (active/inactive) of businesses and products

Active businesses and products are displayed publicly and made searchable on Highcovery's website, in its app and via its interfaces.

(2) The Partner is solely responsible for the accuracy, completeness, and timeliness of the content provided. Highcovery assumes no liability for incorrect or inaccurate information submitted by Partners. Products exceeding the THC limits applicable in a country are not displayed there.

(3) Uploading content that violates applicable laws, particularly copyright, trademark, or competition law, or infringes the rights of third parties, is prohibited. Highcovery reserves the right to remove such content without prior notice.

(4) The external service Nominatim of the OpenStreetMap Foundation is used to determine the coordinates of business locations, and Apple MapKit is used to display maps. Highcovery assumes no responsibility for the accuracy of data provided by these services.

(5) The Partner may use statistics in the Dashboard, in particular click and conversion lists, only to evaluate its presence on Highcovery and to verify invoices. Identifying, or attempting to identify, individual Highcovery users from this data is prohibited.

(6) For affiliate tracking, the Partner itself embeds the tracking scripts provided by Highcovery in its online shop and creates the required order webhooks itself; it keeps webhook secrets confidential and informs Highcovery without delay if it suspects misuse. Details, in particular the daily check of the integration, are governed by the Affiliate Terms.

IV. Fees and Payment Terms

(1) Use of the Partner Dashboard is generally free of charge. However, Highcovery offers optional paid add-ons and subscriptions that can be added by Partners.

(2) Fees for these additional services are shown in the Dashboard before booking and, unless stated otherwise, are due immediately upon booking or at the start of the respective billing period. All prices are subject to statutory VAT where applicable.

(3) Payments are processed via the payment service provider Stripe. The Partner pays for add-ons and subscriptions by card via the checkout page hosted by Stripe. Commissions from the affiliate programme are billed in accordance with the Affiliate Terms; the Partner authorises Highcovery to collect them using the credit or debit cards stored in the Dashboard.

(4) Highcovery reserves the right to adjust fees for additional services. Fee changes will be communicated to the Partner at least thirty (30) days before they take effect; the Partner may cancel the affected add-on with effect from the date the change takes effect.

V. Data Protection

(1) Highcovery processes the Partner's personal data in accordance with the Dashboard privacy policy.

(2) Where Highcovery receives order data under the affiliate programme via the webhooks created by the Partner, it processes this data as an independent controller to calculate and bill commissions. The webhooks transmit the complete order record; Highcovery stores from it only order number, net value of goods, commission, currency (for foreign currencies also the original amount and the conversion rate), country of the billing address, status, the times of order, confirmation and cancellation and the link to the click or voucher. In our logs we record from order notifications, for 30 days, the order number, click identifier, amounts, currency, voucher code used and refund identifier. Names, addresses, contact and payment details of end customers are neither stored nor logged. No processing on behalf of the Partner takes place; a contract under Art. 28 GDPR is therefore not required.

(3) The Partner informs its online shop's customers in its own privacy policy about the transfer of order data to Highcovery and the use of tracking technologies, and obtains any required consent via its consent management platform.

VI. Duration and Termination

(1) The agreement for the use of the Partner Dashboard is concluded for an indefinite period and may be terminated by either party at any time with 14 days' notice. The terms and notice periods of the affiliate programme and other separately agreed services apply to those services.

(2) Termination must be in text form (e.g. by email) or by deleting the account in the Dashboard. Deletion in the Dashboard is possible if there are no ongoing contracts or subscriptions, no open invoices, no commissions not yet invoiced and no unconfirmed orders from the last 120 days, and any 30-day run-off period after the end of an affiliate agreement has ended. Upon termination, access to the Dashboard will be revoked and businesses, products and associated data will be deleted. Upon deletion, the account is blocked immediately, then anonymised, and remains as a placeholder without personal data so that billing and statistics remain traceable. Data subject to statutory retention obligations is kept until these periods expire. Before terminating, the Partner can request an export of its data in the Dashboard.

(3) Highcovery reserves the right to terminate the usage relationship without notice for good cause, especially in the event of serious violations of these terms or repeated legal infringements. Instead of terminating, Highcovery may temporarily suspend individual businesses, products or features.

VII. Liability

(1) Highcovery is fully liable for intent and gross negligence as well as for injury to life, body, or health.

(2) In cases of slight negligence, Highcovery is only liable for damages arising from the breach of a fundamental contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper execution of the contract and on which the Partner regularly relies. In such cases, liability is limited to foreseeable and typical damages.

(3) Any further liability of Highcovery is excluded, particularly for indirect damages, lost profits, or data loss, unless such damages are caused by intent or gross negligence. Liability under the Product Liability Act and under Art. 82 GDPR remains unaffected.

VIII. Changes to These Terms of Use

(1) Highcovery may change these terms of use for a valid reason, in particular in the event of changes in the law, changes to the interfaces of e-commerce platforms, security requirements or new Dashboard features.

(2) Highcovery announces new versions in the Dashboard and by email at least thirty (30) days before they take effect, stating the date by which the new version must be accepted. The period ends at 23:59 German time (Europe/Berlin) on the stated date. For security-critical changes, this period may be shortened to forty-eight (48) hours. Highcovery sends emails about new versions and acceptance deadlines regardless of the Partner's notification settings; only the monthly report, notices of expiring discounts and reminders of contract renewals can be unsubscribed from.

(3) The Partner accepts new versions in the Dashboard. Highcovery stores the accepted version, the time, the IP address and the user agent for this purpose. Changes that put the Partner at an economic disadvantage only take effect upon express acceptance; in this case the Partner may terminate with effect from the date the change takes effect.

(4) If the Partner does not accept a new version of separately agreed contract terms, in particular the Affiliate Terms, by the stated date, the contract concerned continues on the previous terms and ends in accordance with section 2 no. 3 of the Affiliate Terms. The right of ordinary termination under section VI remains unaffected.

(5) If the Partner does not accept a new version of these terms of use by the stated date, Highcovery informs the Partner of this in the Dashboard. In this case, Highcovery may terminate the usage agreement with the notice period under section VI(1).

IX. Final Provisions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the Partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Cologne.

(3) The contract language is German; translations are for information only.

(4) Should any provision of these terms of use be invalid, the validity of the remaining provisions shall remain unaffected.