Terms of Use — Web & App

1. Introduction

(1) These Terms of Use (these “Terms”) are a legally binding contract between Leonardo Antonio Carta, Sportstraße 6, 50737 Cologne (“Highcovery“, “us“, “we“ or “our“) on the one hand and you and your successors and heirs (“you“, or “your“), on the other hand.

(2) Certain areas of the Websites, Applications and Services (and your access to or use therein) may have additional terms, conditions, policies, rules, and guidelines, which govern your access to and use of such Websites, Applications and Services (as applicable, the “Additional Terms”).

(3) The Additional Terms will be posted (via a link) on the applicable Websites, Applications or Services and may be changed from time to time.

(4) To the extent that there is a conflict between these terms and any additional terms for a particular application, website, or service, the applicable Additional Terms shall govern and take precedence over these terms with respect to your use or access of that application, website, or service.

(5) Please also read our Privacy Policy (the “Privacy Policy”), which governs the collection and use of your personal data by Highcovery. Information about you is subject to our Privacy Policy.

(6) You understand that by accessing or using the Websites, Applications, and Services, you agree to the collection and use of this information (as described in the Privacy Policy), including use by Highcovery.

2. Acceptance of Terms, Additional Terms and Privacy Policy

(1) Your agreement to these Terms, the Additional Terms, and the Privacy Policy is an express condition and governs your access to and use of Highcovery

• a) ¹ Websites, channels (including embedded on third-party Websites), and ² social media sites and channels (collectively, the “Websites”);and

• b) ¹ Applications and mobile Applications (collectively, the “Applications”); and

• c) all Services, features, media, functions, content, tools, and links contained in or offered through the Websites or Applications (collectively, the “Services”).

(2) By accessing, using, or downloading any of the Websites, Applications, or Services, you hereby expressly acknowledge and agree to be bound by all the terms of these Terms, the Additional Terms, and the Privacy Policy.

(3) If you do not accept or agree to these Terms, the Additional Terms, or the Privacy Policy, you may not access or use any of the Websites, Applications, or Services.

(4) If you violate any provision of these Terms, the Additional Terms, or the Privacy Policy, Highcovery may modify your access to or use of the Applications, Websites, or Services in whole or in part.

3. Changes to the Terms, Additional Terms, and Privacy Policy

(1) From time to time, we may make changes to these Terms, the Additional Terms, or the Privacy Policy.

(2) When we make material changes, we will do our best to notify you by email, push notification, or in-app notification or through a prominent notice on our Websites.

(3) These Terms, the Additional Terms, or the Privacy Policy may be changed by us at any time with reasonable notice period of at least six weeks.

(4) Your continued use of any of the Websites, Applications, or Services after such changes constitutes your acknowledgment of, and agreement to be bound by, the terms of such changes.

4. Eligibility

(1) Unless otherwise indicated herein, the Websites, Applications and Services are intended solely for individuals who are at least eighteen (18) years of age and who can enter into legally binding contracts under applicable law, and are only available to such individuals.

(2) Additional information may be provided in applicable supplemental terms for such Websites, Applications and Services.

(3) You may be asked during your use of the Websites, Applications or Services to confirm that you have reached the applicable age limit, and you agree not to misrepresent your age hereby.

(4) Without limiting the foregoing, the Websites, Applications and Services are not available to minors or suspended members or users.

(5) You further represent that any party whom you invite to participate in any of the Websites, Applications or Services is also of legal age as described above, and agree not to invite any persons to participate who are not of legal age as described above.

5. Communication

(1) By accessing or using the Websites, Applications or Services, you agree to receive electronic communications from us.

(2) We will communicate with you in various ways, including but not limited to email, text, in-app push notifications or by posting messages and notices on the Websites, Applications or through any of the Services.

(3) By accessing or using the Websites, Applications or Services, you willingly and knowingly agree that all contracts, notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Services

(1) The Websites, Applications or Services allow sellers of cannabis and cannabis-related products to post offers through a technical interface and link to the online shops or websites of the sellers.

(2) If you receive or search for corresponding offers through the Websites, Applications or Services, you can make a corresponding purchase on the website of the respective seller after being redirected there.

(3) Highcovery may redirect you to the websites of the respective sellers and allows you to get in touch with them. Highcovery is not the seller of the products offered through the Websites, Applications or Services. In particular, no contract for a purchase with us is concluded by using the Websites, Applications and Services.

(4) We receive remuneration from the sellers. This remuneration is one of various factors that can influence the order of search results.

(5) To ensure the functionality of the search query, we limit the display of results in the case of a large number of search results.

(6) We are entitled to have our Services provided by third parties.

7. Disclaimer and Acknowledgements

Subtitle 1. Highcovery is a Technology Platform

(1) You expressly agree and acknowledge that Highcovery ¹ is a technology platform; ² is not a cannabis retailer, cultivator, or brand; ³ does not grow, manufacture, package, label, test, or sell cannabis itself.

(2) Highcovery assumes no responsibility or liability for products or services offered by third-party Merchants and brands that offer cannabis-related or non-cannabis-related services or businesses on the Websites or Applications (“Merchant”).

Subtitle 2. Acknowledgement of Laws in Your Location

(1) While the Websites, Applications, and Services may be accessed from various locations, Highcovery only accepts listings from Merchants in certain states, cities, counties, municipalities, provinces, and jurisdictions (“Area”).

(2) In all cases, you must comply with and abide by the applicable laws of the state, city, county, municipality, province, or jurisdiction in which you are located to use the Websites, Applications, or Services.

(3) You expressly acknowledge, understand, and agree to assume full responsibility for compliance with the laws in your location while using the Websites, Applications, or Services.

(4) Highcovery reserves the right to establish or change the Area at any time at its sole discretion.

Subtitle 3. Health Information

(1) You expressly acknowledge, understand, and agree that statements about cannabis products, accessories, or other products on the Websites or Applications may not have been evaluated by a regulatory authority.

(2) The products or the ingredients in any of the products may not have been approved or recommended by a regulatory authority.

(3) The products available on the Websites, Applications, or Services are not intended to diagnose, treat, cure, alleviate, or prevent any disease or illness in humans or animals.

(4) The information provided is for educational purposes only and is not intended as a substitute for informed medical advice or treatment.

(5) If you are pregnant, nursing, taking medication, or have a medical condition, we recommend consulting a physician before using any products displayed on the Websites or Applications.

8. Contractual Relationships in Purchases

(1) The Merchants are responsible for the offers they have posted and linked to on the Websites, Applications, or Services, as well as any associated declarations of intent. Highcovery assumes no responsibility for the accuracy of the information provided by the Merchants or the timeliness of the data.

(2) Contracts for the purchase of a cannabis product or non-cannabis product are only concluded between the respective Merchant and you.

(3) Highcovery is not affected by any contractual agreements, arrangements, or claims between you and the Merchant.

(4) Only the contractual conditions of the respective Merchant apply to a purchase, in particular with regard to the right of withdrawal and cancellation.

(5) The respective Merchants are the contact persons for processing purchase and payment transactions as well as for inquiries regarding the contracts. Highcovery does not provide any information on this.

(6) The above paragraphs also apply if Highcovery itself records a purchase request or related data and information (e.g., in the context of inquiry forms) for the purpose of brokering a purchase to Merchants.

9. Prices

(1) The prices mentioned in the offers are determined by the Merchants and transmitted to Highcovery at least weekly via a technical interface.

(2) The prices of the offers are final prices for the respective offer.

(3) The respective Merchant is solely responsible for the accurate and complete display of prices. Highcovery endeavors to capture all costs, but there may be additional costs listed on the Merchants' Websites that are not included on the offer website itself.

(4) We do not guarantee the accuracy of the prices or other information provided. You are responsible for verifying the details on the Merchant's website before booking.

10. Choice of Law

(1) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.

11. Support or Maintenance

(1) You acknowledge and agree that Highcovery is not obligated to provide you with support or maintenance in connection with the Websites, Applications or Services.

(2) In the event of maintenance work, Highcovery may disable or restrict access to the Websites, Applications or Services as needed.

(3) As the service offered by Highcovery is free of charge to you, you have no right to continuous use of the Websites, Applications or Services.

(4) Highcovery therefore reserves the right to discontinue the offering at any time without prior notice.

12. Titles

(1) The section titles in these terms are for convenience only and have no legal or contractual effect.

13. Contact

(1) If you have any questions about the Websites, Applications or any of the Services we offer, you can contact us at info@highcovery.com.

As of: 23.02.2022