Terms of Use

Section 1 — Purpose, Scope and Acceptance

1.1 Purpose

These Terms of Use establish the rules governing the safe, lawful, transparent and orderly use of the Platform operated under the DaDa Design brand and regulate the rights and obligations of persons who visit, use or carry out transactions through the Platform. They constitute the principal terms governing use of the Platform, management of user accounts, access to digital services, Platform security and protection of intellectual property rights.

1.2 Scope

These Terms apply to all visitors, registered members, persons using digital services, users carrying out transactions involving Digital Collectible Assets, and natural or legal persons using other digital services made available through the Platform. Use of any part of the Platform means that these Terms apply to the relevant user, subject to any consent requirements imposed by mandatory law.

1.3 Related Documents

These Terms operate together with the Distance Sales and Digital Collectible Delivery Agreement, Privacy Policy, Cookie Policy, Intellectual Property and Licensing Policy, Digital Certificate and Ownership Policy, Payment Policy and other legal texts published on the Platform. Where provisions conflict, the more specific provision applicable to the matter concerned shall prevail, subject to mandatory law.

1.4 Acceptance of the Terms of Use

Use of the Platform constitutes acknowledgement that these Terms have been read and are applicable to the User. Separate electronic acceptance may additionally be obtained when creating an account, signing in or using particular services. Any statutory requirement for explicit consent or express approval remains unaffected.

1.5 Amendments to the Terms of Use

TRAFO e.U. may update these Terms in response to changes in applicable law, technology, security requirements or Platform services. Material changes shall be notified before taking effect where required by law and shall apply from the announced effective date without prejudice to mandatory statutory rights.

1.6 Age and Legal Capacity

Natural persons using the Platform represent that they possess the legal capacity required under applicable law. Persons with limited legal capacity are responsible for obtaining any legally required consent from their legal representative. TRAFO e.U. may request reasonable verification where there are objective grounds to doubt legal capacity.

1.7 Business Users

A User acting for commercial purposes represents that he or she is authorised to represent the natural or legal person on whose behalf the transaction is made. TRAFO e.U. may request reasonable evidence of authority to represent that person.

1.8 General Principle of Interpretation

These Terms shall be interpreted in accordance with good faith, fair dealing, legal certainty, proportionality, user and Platform security, and protection of intellectual property rights. Nothing in these Terms shall be interpreted so as to exclude or restrict mandatory provisions of applicable law.

Section 2 — Use of the Platform and User Obligations

2.1 General Principle of Use

The Platform may be used only for purposes consistent with applicable law, these Terms and the other applicable legal documents. Users shall act in good faith and respect the rights of TRAFO e.U., DaDa Design and third parties.

2.2 Lawful Use

Users shall comply with applicable legislation, public order, generally accepted standards of conduct, third-party rights, intellectual property rights and data-protection rules. The Platform may not be used for unlawful activities.

2.3 Duty to Provide Accurate Information

Information supplied through the Platform must be accurate, current and truthful. Where objectively and reasonably justified, TRAFO e.U. may request additional information or documents to verify the accuracy of information provided.

2.4 Personal Use of Accounts

A user account is personal and may not be transferred, rented, sold, lent, shared or commercially administered for third parties without prior written authorisation. The User is responsible for activity carried out through the account to the extent attributable to the User’s own conduct, subject to mandatory law.

2.5 Account Security

Users must keep usernames, passwords, verification codes, security information and other authentication credentials confidential and must notify TRAFO e.U. without undue delay upon becoming aware of unauthorised account use.

2.5.1 Transactions Performed Through an Account

Transactions completed through a User’s account using valid authentication methods may be treated as having been performed by that User unless otherwise established by TRAFO e.U. or a competent authority. Liability arising from compromised credentials shall be assessed under applicable mandatory law and the circumstances of the case.

2.6 Prohibited Conduct

The Platform must not be used for unlawful activity, false identity, unauthorised use of another person’s account or payment instrument, fraud, identity theft, malware, spam, security attacks or infringement of third-party rights. Where such conduct is detected or reasonably suspected, TRAFO e.U. may proportionately suspend an order, digital delivery, Ownership update or account, conduct a review and cooperate with the relevant payment service provider or competent authority.

2.7 Prohibition on Interference with Platform Security

Users must not interfere with the security, integrity or availability of the Platform. Exploitation of vulnerabilities, unauthorised-access attempts, denial-of-service activity, system overloading, malicious software and automated attacks are prohibited.

2.8 Use of Automated Systems

Unless expressly authorised in writing, bots, crawlers, scrapers, spiders, robots, scripts, automated data-collection tools, automated ordering or account-creation systems, systematic API querying, CAPTCHA circumvention and mass account creation intended to evade Platform rules are prohibited. Lawful search-engine indexing is not affected.

2.9 Prohibition on AI Data Collection

Without prior express written authorisation, Platform content may not be systematically collected, copied, processed or analysed for training artificial-intelligence models, developing large language models, creating datasets, machine-learning processes, synthetic-data generation, model validation or automated content-generation systems, subject to mandatory statutory exceptions.

2.10 Prohibition on Reverse Engineering

Users may not reverse engineer, decompile, analyse or attempt to obtain the source code, algorithms, database structures, API structures, security mechanisms or technical infrastructure of the Platform, except to the extent such activity is mandatorily permitted by law.

2.11 Data Mining and Bulk Data Extraction

Systematic copying, archiving, reproduction or extraction of Platform content, product information, prices, images, descriptions, collection information or other data for the creation of databases or comparable repositories is prohibited. TRAFO e.U. reserves the right to take lawful technical and legal measures against such activity.

2.12 Misuse of the Platform

Users must not disrupt Platform operation, prevent other users from accessing services, or engage in conduct capable of causing technical, legal or commercial harm to TRAFO e.U. Objective and reasonable indicators of misuse may justify proportionate security measures.

2.13 Prohibition on Sanctions Evasion

The Platform may not be used to violate sanctions, circumvent embargoes, launder money, finance terrorism, use false identities or conceal transactions conducted on behalf of third parties. Transactions may be reviewed, restricted or refused where required or permitted by applicable law.

2.14 Authority to Enter into Legal Transactions

Any person creating an account, placing an order or acquiring a Digital Collectible Asset represents that he or she is legally authorised to do so or has obtained any required consent of a legal representative. Reasonable age, identity or capacity verification may be requested; failure to provide required evidence may result in proportionate suspension, delay or cancellation.

Section 3 — Membership, User Accounts and Identity Verification

3.1 General Principle

Certain Platform services may require a user account. Creation of an account establishes a contractual relationship governed by these Terms and the other applicable legal documents, and applications may be assessed in accordance with applicable law.

3.2 Accuracy of Membership Information

Users represent that information and documents supplied during registration are accurate, current, complete and truthful and must update material changes within a reasonable period. Users are responsible for consequences arising from false or misleading information to the extent provided by law.

3.3 Identity Verification

TRAFO e.U. may request identity verification where necessary for Platform security, payment security, fraud prevention, legal compliance or other objective security grounds. Verification shall be limited to what is necessary and carried out in accordance with applicable data-protection law.

3.4 Single-Account Principle

Unless expressly permitted, a User may not create multiple accounts for the same purpose. Where objective indicators exist, linked accounts may be reviewed and proportionate security measures applied.

3.5 Non-Transferability of Accounts

Accounts are personal and may not be sold, transferred, rented, lent or made available to third parties without prior written consent.

3.6 Use of Another Person’s Account

Unauthorised use of another person’s account is prohibited. A User may transact only through an account created for and lawfully used by that User.

3.7 Corporate Accounts

Where the Platform is used for a legal entity, the individual creating or operating the account represents that he or she is authorised to represent that entity. Reasonable evidence of authority may be requested.

3.8 Account Security

Users are responsible for maintaining account security, protecting passwords and security information, preventing unauthorised access and promptly reporting suspected compromise.

3.9 Suspicious Account Activity

Unusual logins, unusual ordering behaviour, multiple-account use, identity inconsistencies, automated-use indicators or security-breach indicators may trigger review. Necessary security measures may be applied during that review in accordance with law.

3.10 Account Suspension

An account may be temporarily suspended where there are objective and reasonable indicators of a security risk, unlawful use, fraud, unauthorised access, incomplete identity verification or a material breach of these Terms. Measures shall be proportionate to the circumstances.

3.10.1 Temporary Review of an Account

Where fraud, unauthorised payment, chargeback, identity-verification requirements, suspected security breach or other legitimate legal grounds exist, the account or particular functions may be temporarily restricted until the review is completed.

3.11 Termination of an Account

TRAFO e.U. may permanently terminate an account in accordance with applicable law for serious contractual breach, unlawful activity, false identity, unauthorised payment instruments, serious Platform-security violations or comparable legitimate grounds. Mandatory User rights remain unaffected.

3.12 Request for Account Deletion

A User may request deletion of an account subject to applicable law and continuing legal obligations. Deletion does not extinguish rights or obligations arising from earlier contracts, intellectual property, payment obligations, statutory retention or disputes.

3.13 Minor Users

Persons using services requiring legal capacity must possess the capacity required by applicable law. Reasonable verification of age or representation may be requested where objectively justified.

3.14 Abuse of Membership Rights

Membership rights may not be used to harm TRAFO e.U., infringe the rights of others, disrupt Platform operation, circumvent security systems or engage in unlawful activity. Lawful technical, administrative and legal measures may be taken against abuse.

3.15 Inheritance of an Account

Following a User’s death, the status of the account, ownership rights relating to Digital Collectible Assets and other legal consequences shall be determined under applicable inheritance law. TRAFO e.U. may request documentation necessary to verify entitlement.

Section 4 — User Content and Content Uploaded to the Platform

4.1 General Principle

Where the Platform permits Users to upload, share, send or transmit content, this Section applies. User content is assessed under applicable law and these Terms.

4.2 User Responsibility

The User is primarily responsible for content uploaded to the Platform and represents that it is lawful, non-infringing, supported by necessary rights, not misleading and otherwise compliant with applicable law.

4.3 Intellectual Property Rights

A User uploading content represents that he or she owns or has the necessary intellectual-property rights or permissions. Uploading content that infringes copyright, trade marks, designs, personality rights or other protected rights is prohibited.

4.4 Prohibited Content

Unlawful, infringing, privacy-violating, defamatory, threatening, hateful, fraudulent, misleading, malicious, spam or otherwise illegal content may not be uploaded.

4.5 AI-Generated Content

AI-generated or AI-assisted content may be uploaded only where consistent with applicable law and these Terms. The User remains responsible for legality, necessary rights and non-infringement; TRAFO e.U. does not guarantee originality, accuracy or legal status of User-generated AI content.

4.6 Protection of Third-Party Rights

Users must ensure that uploaded content does not infringe third-party copyright, trade marks, design rights, personality rights, trade secrets or privacy rights.

4.7 Review of Content

For Platform security, legal compliance or suspected unlawful use, uploaded content may be reviewed through automated systems, AI-assisted tools, manual review or a combination thereof, subject to applicable data-protection and mandatory law.

4.8 Removal of Content

Where required by law, competent-authority order, protection of third-party rights, Platform security or breach of these Terms, content may be removed, restricted or made less visible. Measures shall be proportionate to the circumstances.

4.9 Notices and Rights-Infringement Applications

Persons claiming infringement of intellectual-property, personality or other legal rights may submit a notice with relevant information and supporting documentation. TRAFO e.U. will assess notices in light of applicable law and the circumstances.

4.10 Responsibility of TRAFO e.U.

TRAFO e.U. is not the owner of User-uploaded content and, to the extent permitted by law, does not guarantee its accuracy, legality or non-infringement. Statutory obligations applicable to the operator remain unaffected.

4.11 Evidentiary Records

Electronic records relating to upload, modification, deletion and access may be retained in accordance with applicable law and may be used as evidence to the extent legally permissible.

4.12 Retention of Content

Removed or restricted User content may be retained only for as long as necessary for legal obligations, dispute resolution or protection of legal rights.

Section 5 — Intellectual Property, Trade Marks and Use of Platform Content

5.1 General Principle

All Platform content is protected under applicable intellectual-property law. Unless expressly stated otherwise, the relevant rights belong to TRAFO e.U. or the respective rights holder. Access to or use of the Platform does not itself transfer intellectual-property rights or grant a licence beyond the limited rights expressly provided.

5.2 Protected Content

Protected material includes, without limitation, Digital Collectible Assets, digital artworks, graphic designs, illustrations, typography, character designs, collections, UI/UX, website design, software, database structures, source code, algorithms, text, images, video, animation, audio, logos, trade marks, icons, certificates, collection and asset identifiers, document structures and documentation systems.

5.3 Limited Right of Use

The User receives only a limited, revocable, non-exclusive and non-transferable right to use the Platform in the ordinary manner permitted by these Terms and applicable law. No other intellectual-property right is granted.

5.4 Prohibited Intellectual-Property Uses

Without prior express written permission, Platform content may not be copied, reproduced, published, distributed, licensed, rented, modified, used to create derivative works, commercially exploited, collected to create databases or used as AI training data, except where mandatory law provides otherwise.

5.5 Trade Mark Rights

DaDa Design, TRAFO e.U. and other marks, logos, trade names, emblems and distinctive signs used on the Platform are protected to the extent provided by applicable law. Their unauthorised reproduction or commercial use is prohibited.

5.6 Use for Artificial Intelligence and Machine Learning

Platform content may not be systematically used without prior express written permission for AI training, development of large language models, machine learning, dataset creation, automated content generation or comparable purposes, subject to mandatory statutory exceptions.

5.7 Digital Collectible Assets

Unless expressly agreed otherwise in writing, purchase of a Digital Collectible Asset transfers only the registered Ownership associated with that specific asset. Copyright, design rights, trade marks, source files, commercial-use rights, reproduction rights and licensing rights remain with TRAFO e.U. or the relevant rights holder. When registered Ownership is validly transferred through the DaDa Design system, the transferor’s associated use rights cease and the transferee becomes subject to the applicable legal documents.

5.8 Derivative Works

Derivative works may not be created from Platform content or Digital Collectible Assets without prior express written permission, except to the extent mandatory law provides an applicable exception.

5.9 Notification of Rights Infringements

TRAFO e.U. seeks to protect intellectual-property rights. A person alleging infringement may submit relevant information and evidence for assessment within a reasonable period.

5.10 Reservation of Legal Remedies

TRAFO e.U. reserves all civil, criminal and administrative remedies available under applicable law in the event of intellectual-property infringement.

5.11 Interim Protective Measures

Where objective and reasonable grounds indicate an actual or threatened infringement, TRAFO e.U. may, to the extent permitted by law, temporarily restrict visibility or access, suspend verification or display of a Digital Collectible Asset, restrict an account during review, preserve electronic evidence and request additional information. Such measures do not prejudice available judicial or statutory remedies.

5.12 Notice and Takedown Policy

A rights-infringement notice should contain sufficient information to permit assessment, including the identity and contact details of the rights holder or authorised representative, identification of the right and allegedly infringing content, supporting information and a good-faith statement. Additional information may be requested where a notice is incomplete or manifestly unsupported.

5.13 Assessment of Infringement Notices

Notices are assessed within a reasonable period in light of applicable law, the facts and available evidence. During review, explanations or additional documents may be requested and proportionate temporary technical or administrative measures may be applied without constituting a final determination of infringement.

5.14 Bad-Faith Notices

Manifestly false, misleading or bad-faith infringement notices may be rejected. TRAFO e.U. reserves its rights under applicable law where such notices cause loss or harm.

5.15 Preservation of Rights

Notice-and-review procedures do not restrict the rights of TRAFO e.U. or rights holders to apply directly to competent authorities or seek injunctions, evidence-preservation measures, damages or other remedies.

5.16 Reserved Rights

All intellectual-property rights, rights of use and licences not expressly granted to the User are reserved. No implied licence shall arise.

5.17 Uniqueness of Original Files

Unique Digital Collectible Assets may be supplied on a one-time digital-delivery basis. Unless expressly promised in writing, the original delivered file is not guaranteed to remain available for future re-download, reproduction or indefinite storage on behalf of the User.

Section 6 — Operation of the Platform, Service Management and Changes

6.1 General Principle

TRAFO e.U. may take technical, administrative and operational measures necessary for safe, sustainable and lawful operation of the Platform. Services may evolve in response to technology, security, legal and operational requirements.

6.2 Development of Services

TRAFO e.U. may introduce, improve or modify services, update technical infrastructure and user interfaces, and implement new security systems, subject to applicable law.

6.3 Modification or Discontinuation of Services

For objective and reasonable reasons, particular services or features may be changed, suspended or discontinued and new services may be introduced. Such changes shall not unlawfully extinguish vested statutory or contractual rights.

6.4 Scheduled Maintenance and Technical Work

Scheduled maintenance, updates and technical work may be performed for security, performance and continuity. Advance notice will be sought where reasonably practicable; urgent security incidents or critical failures may make advance notice impossible.

6.5 Emergency Security Measures

Where serious risks affect Platform security, user accounts, personal data or Digital Collectible Assets, TRAFO e.U. may promptly suspend services or transactions, restrict access or require security verification. Measures shall be proportionate.

6.6 Third-Party Services

Payment infrastructure, e-mail, hosting, content-delivery networks, authentication and analytics may be provided or supported by authorised third parties. Subject to mandatory law, TRAFO e.U. is not directly responsible for matters arising independently within such providers’ sphere of control.

6.7 Service Availability

TRAFO e.U. aims for high availability but temporary interruptions may arise from internet infrastructure, third-party outages, force majeure, cyberattacks, technical failures or maintenance. Reasonable efforts will be made to restore services, subject to mandatory law.

6.8 No Representation as to Future Availability

Unless expressly promised in writing, no service, feature or technology is guaranteed to remain available indefinitely in the same form. Mandatory consumer rights remain unaffected.

6.9 Discretion and Its Limits

Operational decisions shall be made consistently with good faith, proportionality, transparency, user security, information security and applicable law. Nothing grants TRAFO e.U. arbitrary or discriminatory powers.

6.10 Beta Services

Beta, preview, test or experimental services may be changed, suspended or withdrawn during development. Subject to mandatory law, uninterrupted or error-free operation of such services is not guaranteed.

6.11 Security Management of Digital Files

For uniqueness, security and intellectual-property protection, TRAFO e.U. may apply policies governing storage, archiving, restriction and secure deletion of digital files. After digital delivery, original files may be removed from operational systems unless otherwise promised. Limited technical records, low-resolution previews, unique identifiers and transaction records may be retained where necessary and lawful for verification, certificates, compliance, information security and dispute resolution. Such retention does not guarantee re-delivery or indefinite storage of the original high-resolution file.

6.12 User Backup Responsibility

After digital delivery, the User is responsible for securely storing, backing up and protecting the delivered file against unauthorised access. Unless expressly promised in writing or required by law, TRAFO e.U. does not undertake to store or re-supply the original file on the User’s behalf.

Section 7 — Liability, Warranties and Limitations of Liability

7.1 General Principle

TRAFO e.U. seeks to provide Platform services in accordance with applicable law. Nothing in these Terms excludes non-waivable consumer rights, mandatory warranty rights or liability that cannot lawfully be excluded, including liability for intent or gross negligence where applicable.

7.2 Nature of Platform Services

Platform services are digital services subject to ongoing development. Technical improvements, security updates and performance changes may be implemented. Descriptive or promotional content that is not an express binding commitment does not by itself constitute a guarantee.

7.3 Collection Value and Investment Expectations

Digital Collectible Assets are artistic and collectible digital works. TRAFO e.U. gives no guarantee regarding market value, future appreciation, investment return, resale success or preservation of collection value. Users make purchasing decisions based on their own assessment.

7.4 Technical Compatibility

Users are responsible for the hardware, software, internet connection and technical environment required to use Digital Collectible Assets. Subject to mandatory law, TRAFO e.U. is not liable for loss caused solely by the User’s device, software, security settings, internet service, storage medium, e-mail account or other circumstances outside its control.

7.5 Third-Party Systems

Liability for interruptions, delays or technical issues arising within payment institutions, communications infrastructure, hosting, security systems or other independent third-party providers is limited to the extent permitted by mandatory law. TRAFO e.U. will seek reasonable cooperation in resolving such issues.

7.6 Responsibility for the User’s Own Transactions

Users are responsible for transactions carried out through their accounts, security of their devices and credentials, accuracy of information and lawful conduct. Only payment instruments the User is legally authorised to use may be used. Objective and reasonable suspicion of fraud or illegality may justify additional verification, delayed delivery or refusal.

7.7 Unauthorised Payment Instruments

Users represent that they are legally authorised to use the payment instrument presented. TRAFO e.U. is not required independently to investigate card ownership or bank-account authority behind a transaction approved by a licensed payment service provider, except as required by law. Responsibility for unauthorised use rests with the person legally responsible for that conduct.

7.8 User Indemnification Obligation

To the extent permitted by applicable law, a User may be required to compensate losses legally attributable to the User’s breach of these Terms, related agreements, applicable law or third-party rights. Mandatory consumer rights are unaffected.

7.9 Force Majeure

Responsibility for delay or temporary impossibility caused by natural disasters, war, terrorism, widespread internet outages, cyberattacks, public-authority decisions, energy failures, communications failures or comparable events beyond reasonable control shall be assessed under applicable law.

7.10 Reservation of Rights

Liability provisions shall not be interpreted to remove or narrow rights that cannot lawfully be restricted.

7.11 User Risk Assessment

Users make their own assessments concerning transactions, purchases, selection and future use of Digital Collectible Assets. Promotional content, images, collection stories or artistic commentary do not constitute investment advice, financial advice, legal advice or a guarantee of future results unless expressly stated otherwise in writing.

7.12 No Professional Advice

Platform descriptions, collection narratives, artistic assessments, technical information and other content are not legal, financial, investment, accounting or other professional advice unless expressly stated. Users should obtain independent professional advice where appropriate.

7.13 Identity and Authority Representation

A person placing an order represents that identity, contact and payment information is correct and that the payment instrument is lawfully used. TRAFO e.U. may rely on verification performed by licensed payment providers while retaining the right to request further verification, reasonably delay digital delivery or refuse a transaction where objective grounds indicate fraud, identity theft or unauthorised use.

Section 8 — Electronic Communications, Notices and Electronic Records

8.1 General Principle

Electronic communications, notices, records and User declarations relating to the Platform shall be handled in accordance with applicable law. Users accept that Platform transactions may be conducted electronically.

8.2 Electronic Communications

Communications may take place through the Platform, user account, registered e-mail address, electronic notifications, support system or other electronic means permitted by law.

8.3 Registered E-mail Address

The User is responsible for providing and maintaining an e-mail address belonging to the User. Notices sent to that address may constitute electronic notice subject to statutory exceptions.

8.4 Electronic Notices

Electronic notices may concern account activity, security, orders, digital delivery, payments, technical matters, legal notices, contractual amendments and policy updates. Separate consent requirements for commercial electronic communications remain applicable.

8.5 Electronic Invoices

Where permitted by tax law, electronic invoices and other fiscal documents may be sent to the registered e-mail address or made available through the user account. The User is responsible for keeping contact information current.

8.6 Electronic Consents

Approvals, explicit consents, contractual acceptances, order confirmations, checkboxes and electronic declarations may be obtained electronically where legally permissible. Transactions subject to mandatory form requirements remain unaffected.

8.7 Electronic Records

TRAFO e.U. may retain membership, login, order, payment-notification, digital-delivery, consent, security and comparable records in accordance with applicable law.

8.8 Electronic Evidence

Lawfully created electronic records, logs, timestamps, consents, order and delivery records may be considered as evidence to the extent permitted by law; their evidentiary weight remains for the competent authority or court to determine.

8.9 Document Versions

Legal texts may be maintained with version numbers, effective dates and update dates so that the version applicable to a particular transaction can be identified.

8.10 Retention of Records

Electronic records shall be retained only for periods justified by contractual performance, statutory retention, security, fraud prevention, legal claims, audit or other lawful purposes, in accordance with applicable data-protection law.

8.11 Updating Contact Information

Users must keep registered contact information current. Consequences of failure to update such information shall be assessed in accordance with applicable law.

8.12 Official Language of Communication

TRAFO e.U. may provide communications and legal texts in more than one language. The legal effect of language versions is governed by the relevant document and mandatory consumer-information rules.

8.13 Use of Electronic Systems

Automated technical systems may be used for security, fraud prevention, account protection, transaction review and Platform operation. Where appropriate, automated technical decisions may be supported by human review and shall be implemented consistently with applicable data-protection law.

8.14 Time Zone

Unless expressly stated otherwise, dates and times shown on the Platform are interpreted by reference to the local time applicable in the Republic of Austria.

Section 9 — Account Suspension, Access Restriction and Termination

9.1 General Principle

To protect Platform security, lawful operation, third-party rights and legitimate interests, TRAFO e.U. may apply proportionate measures under this Section in accordance with applicable law and principles of good faith.

9.2 Temporary Suspension

An account may be temporarily suspended where account security is compromised, unauthorised access or fraud is suspected, unusual activity occurs, identity verification is required, payment security must be protected or objective indicators suggest breach of these Terms.

9.3 Temporary Restriction of Access

Instead of fully suspending an account, TRAFO e.U. may temporarily restrict only relevant functions, including new orders, digital delivery, Ownership transfer, account changes or payment operations.

9.4 Permanent Account Termination

Permanent termination may occur for false identity, knowing use of another person’s payment instrument, fraud, serious contractual breach, systematic intellectual-property infringement, serious attacks on Platform security or unlawful activity. The individual circumstances shall be considered.

9.5 Closure by the User

A User may request account closure subject to applicable law and continuing contractual obligations. Closure does not automatically erase completed orders, Ownership records, tax obligations, legally retained electronic records, intellectual-property rights or dispute records.

9.6 Preservation of Evidence

Following suspension or termination, transaction records, electronic evidence, IP records, timestamps, delivery records, payment records and security records may be preserved for only as long as legally necessary.

9.7 Protection of Third-Party Rights

Necessary technical and legal measures may be taken concerning accounts or transactions where required to protect third-party rights.

9.8 Legal Remedies

Measures under this Section do not remove other remedies available to TRAFO e.U., Users or third parties under applicable law.

9.9 Reservation of Rights

Failure to take a particular measure in one case does not waive the right to take an appropriate measure in a later case. Each matter shall be assessed on its own facts.

9.10 Prevention of Abuse

TRAFO e.U. may apply proportionate technical, administrative and legal measures to prevent circumvention of restrictions, repeated abusive registrations, security evasion or comparable misuse.

9.11 Fraud and Suspicious-Transaction Reviews

Orders and accounts may be reviewed where objective indicators suggest fraud, unauthorised payment, chargeback, identity inconsistency or other suspicious activity. Review does not by itself constitute a finding of wrongdoing.

9.12 Security-Related Transaction Delay

Where reasonably necessary for fraud prevention, identity verification, payment review or Platform security, processing, digital delivery or Ownership updates may be delayed for the duration reasonably required to complete the relevant review.

9.13 Lawful Use of Payment Instruments

Users must use only payment instruments they are legally authorised to use. Where unauthorised use is detected or reasonably suspected, the relevant order, delivery or Ownership update may be suspended and cooperation with the payment service provider or competent authorities may occur in accordance with law.

Section 10 — Dispute Resolution and Enforcement of Rights

10.1 General Principle

TRAFO e.U. aims to resolve disputes with Users as promptly, fairly and in good faith as reasonably possible. The parties should cooperate reasonably without prejudice to statutory rights or limitation periods.

10.2 Support and Application Process

Users may first submit requests concerning Platform use, accounts, digital services or other transactions through the available support channels. Requests will be assessed within a reasonable period having regard to their nature, technical requirements and applicable law.

10.3 Requests for Information and Documents

For proper assessment of a dispute, TRAFO e.U. may request order numbers, User information, payment information, electronic records, screenshots, technical information and other relevant evidence. Users should provide required information accurately and completely.

10.4 Review Process

The review may consider electronic records, order and delivery records, security logs, User statements, information received from third-party service providers and other relevant evidence. Temporary measures during review do not constitute a final decision on the merits.

10.5 Disputes Involving Third-Party Service Providers

Where a dispute concerns an independent payment provider, bank, hosting provider or other third party, the parties may need to use that provider’s applicable complaint or review procedures. TRAFO e.U. will cooperate to the extent reasonably required and legally permissible.

10.6 Alternative Dispute Resolution

Where applicable, Users may have access to statutory or recognised alternative dispute-resolution mechanisms. Participation obligations shall be determined by applicable law and any legally binding commitments of TRAFO e.U.

10.7 Right to Apply to Competent Authorities

Nothing in these Terms excludes or restricts mandatory consumer rights or the right to apply to competent administrative authorities or courts.

10.8 Assessment of Electronic Records

Lawfully created electronic records, technical logs, order records, delivery records, electronic consents and other digital records may be considered in dispute resolution. Their legal value is determined under applicable law by the competent authority.

10.9 Reservation of Rights

Good-faith settlement discussions or delay in exercising a particular right do not constitute a waiver. All statutory rights and remedies remain reserved.

10.10 Preservation of Evidence

Where a dispute is reasonably anticipated, electronic and transaction records and other technical data may be preserved in accordance with applicable law for the protection or enforcement of legal rights.

Section 11 — Governing Law and Miscellaneous Provisions

11.1 Governing Law

These Terms and legal relationships relating to use of the Platform are governed by the laws of the Republic of Austria, subject to mandatory provisions. Consumers retain the protection of mandatory consumer-protection provisions applicable in the country of their habitual residence where such rules cannot lawfully be displaced.

11.2 Priority of Mandatory Law

Where any provision conflicts with mandatory Austrian law, European Union law, mandatorily applicable international rules or mandatory consumer-protection provisions, the mandatory rule shall prevail. The remainder of these Terms shall continue in effect to the extent legally possible.

11.3 Severability

If a provision is wholly or partly invalid, void or unenforceable, the validity of the remaining provisions shall not be affected. The legal consequence shall be determined under applicable law, with the lawful economic and legal purpose of the affected provision preserved as far as permissible.

11.4 No Waiver

Failure, delay or partial exercise by TRAFO e.U. of a right arising from these Terms or applicable law does not constitute a continuing or general waiver of that right.

11.5 Entire Legal Documentation

These Terms shall be read together with the Distance Sales and Digital Collectible Delivery Agreement, Privacy Policy, Cookie Policy, Intellectual Property and Licensing Policy, Digital Certificate and Ownership Policy, Payment Policy and other legal texts published on the Platform. Each document constitutes the specific rules for the subject it regulates.

11.6 Language Versions

These Terms may be published in Turkish, German, English or other languages. Any rule concerning the controlling version applies only to the extent legally permissible and without prejudice to mandatory consumer-information rights.

11.7 Assignment

Rights and obligations may be assigned or transferred only to the extent permitted by applicable law and the relevant contractual relationship. Any corporate or business transfer by TRAFO e.U. shall remain subject to mandatory statutory protections.

11.8 Legal Nature of Headings

Headings are provided for convenience and do not expand, restrict or independently determine the legal meaning of the substantive provisions.

11.9 Reservation of Rights

All rights not expressly granted under these Terms remain reserved to TRAFO e.U. or the respective rights holder. No failure to regulate a matter expressly shall be interpreted as a waiver of statutory or intellectual-property rights.

11.10 Survival

Termination of these Terms, closure of an account or cessation of Platform use does not extinguish provisions concerning intellectual property, confidentiality, retention of electronic records, payment obligations, completed orders or dispute resolution where those provisions by their nature or by law are intended to survive.

11.11 Electronic Headings and Links

Links, menus, page headings and navigation text are provided for convenience and shall not be interpreted as expanding or restricting the scope of the legal texts to which they relate.

Section 12 — Final Provisions

12.1 Entry into Force

These Terms enter into force upon publication on the Platform. Continued use of the Platform means that the User is subject to the version then in force, subject to any requirement under applicable law for separate express consent.

12.2 Updates

TRAFO e.U. may update these Terms due to legal changes, technological developments, security requirements, new services, Platform development or operational needs. Material changes shall be notified in advance where required by law.

12.3 Version Management

Official versions may be published with a version number, effective date and last-update date. Previous versions may be archived and used where necessary to determine the rules applicable to an earlier transaction.

12.4 Official Version

The official version is the version published through the Platform and identified by the applicable version information, subject to mandatory rules concerning language, transparency and consumer information.

12.5 Integrity of the Document

These Terms form part of the wider DaDa Design legal framework and shall be interpreted consistently with the related legal documents governing sales, delivery, privacy, cookies, intellectual property, certificates, Ownership and payments.

12.6 User Declaration

By using the Platform or providing the legally required electronic acceptance, the User confirms having had the opportunity to review these Terms and agrees to be bound by them to the extent permitted by applicable law.

12.7 Reservation of Rights

TRAFO e.U. reserves all rights, claims, defences and remedies available under applicable law and the relevant legal documents.

12.8 Final Provision

These Terms have been prepared to support the safe, transparent, lawful and sustainable use of the DaDa Design Platform. No provision shall be interpreted to exclude mandatory statutory rights or obligations.

12.9 Electronic Archiving

The current and previous versions of these Terms and relevant acceptance or transaction records may be electronically archived for legal compliance, evidence, audit, security and dispute-resolution purposes in accordance with applicable data-protection and retention requirements.