Legal Notice
Information According To §5 TMG:
This website is operated by:
Sunrise Stake UG (haftungsbeschränkt)
Prager Str. 5
10779
GERMANY
Represented by:
Managing Director Jan Meyling
Contact
Telephone: +49 1631509677
E-Mail: info [at] sunrisestake.com
Web: www.sunrisestake.com
Commercial Register:
District Court Charlottenburg
Commercial registration number: HRB 259352 B
Disclaimer
Responsible for Content :
The content of our website was developed and compiled by us with great care. We accept no liability for the accuracy, completeness, or quality of the content. We are responsible for our own content on this site in accordance with the law and laws of general application. In accordance with the law, we are not obliged, however, to monitor relayed or stored third-party information, or to probe such information for circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with laws of general application are not affected by this. Liability in this regard is only possible from the moment of becoming aware of a specific breach of law. We will immediately remove such content immediately upon becoming aware of corresponding breaches of the law.
Responsible i.S.d. Section 55 (2) RStV:
Jan Meyling, Prager Str. 5, 10779 Berlin, Germany
Links :
Our website contains links to external third-party websites, the content of which is outside our control. We are not responsible for the content of linked sites and we do not represent these as our own. Liability for third-party content is therefore excluded. The respective provider or operator of a linked site is at all times responsible for the content of linked sites. The linked sites were, however, free from illegal content at the time of linking. Without concrete evidence of any wrongdoing, it is unreasonable to undertake permanent monitoring of the content of linked sites. If any breaches of law do emerge, we will remove such links immediately.
Copyright Notice :
The electronic databases, texts, images, graphics, layout, and other content of this website are protected by copyright law. Third-party contributions are designated as such. The reproduction, distribution, editing, or other use that is not expressly allowed by copyright law or other laws requires our consent in writing. This also applies to the content of this website that is placed on third-party websites or reproduced in any other way. Making downloads from and copies of this site are only permitted for non-commercial use. The operators of the site endeavor always to respect the copyright of other parties and/or to use work that it has produced itself or that is freeware.
Privacy Policy
Effective Date: 01/01/2024
Sunrise Stake UG (“we” or “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and handle your personal data in compliance with the General Data Protection Regulation – Regulation (EU) 2016/679 (“GDPR”) and other applicable data protection laws.
1. Scope
This Privacy Policy applies to Sunrise Stake UG and its affiliated companies and subsidiaries (collectively, “Sunrise Stake UG”). It covers personal data collected by Sunrise Stake UG through our website, https://www.sunrisestake.com, and other websites we operate with a direct link to this Privacy Policy. In certain cases, this Privacy Policy also applies to personal data collected through digital communications, paper forms, or in-person interactions (e.g., events) where we make this Privacy Policy available.
As used in this Privacy Policy, “personal data” means any information that relates to, is capable of being associated with, describes, or could be linked to, an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
2. The Categories of Personal Data We Collect
To the extent permitted by applicable law, the categories and types of personal data we collect directly from you may include, without limitation:
2.1 Contact information, including identifiers:
Information used to communicate with you, such as first and last name, title, company name, email address, telephone number, and postal address;
2.2 Account information:
Information associated with your account, such as public key, information about your donation, information about your registration or participation in events, and support inquiries;
2.3 Internet or other similar network activity:
Information collected when you visit our website, such as IP address, browsing history, information on your interaction with the website, browser type and language, operating system, location, date, and time;
2.4 Location information:
Information about your physical location, such as if you provide your postal address or based on your IP address if you visit our website
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3. How We Collect Personal Data (Sources of Data)
We collect personal data directly from you and from other categories of sources as described in more detail below. The categories of personal data collected directly from you include all of the categories identified above in “The Categories of Personal Data We Collect” section. We collect personal data directly from you when you:
Request support;
Register for or participate in events;
Request information or materials (e.g., marketing material);
Participate in surveys or evaluations;
Participate in promotions, contests, or giveaways;
or Submit questions or comments.
Personal data we collect online may also be combined with personal data you provide to us through offline channels such as through a call center, during an interview, or in conjunction with an event you attend. We may also collect information indirectly from you relating to your use of our website and response to our emails through the use of various technologies.
The categories of personal data collected in this manner are what we refer to above as “Internet or other similar network activity” and “Inferences.” Collecting information in this manner allows us to analyze the effectiveness of our website and our marketing efforts, personalize your experience, and improve our interactions with you. For more information about the technology we employ for these purposes, see the “Cookies and Other Technology” section below.
We may also supplement the personal data we collect from you with additional personal data we receive from third parties, such as your employer, our customers, and our business partners where you purchase any of our products or services through such business partners. We do this to help us improve the overall accuracy of the information and its completeness and to help us better tailor our interactions with you.
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​4. How We Use (Process) Your Personal Data
Sunrise Stake UG may use the personal data we collect about you for the following purposes:
4.1 Identification & authentication
We use your personal data to verify your identity when you access and use our services and to ensure the security of your personal data. This includes the creation of an account associated with your personal data. The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, public key, and preferences.
4.2 Fulfill core product services and additional requests
If you request something from us, such as a product or service, a call back, a newsletter subscription, or specific marketing or other materials, we use the personal data you provide to respond to your request. We or our representatives may also contact you as part of customer satisfaction surveys or for market research purposes. Where required by applicable law, we will obtain your consent before sending marketing messages. The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, public key, information about your use of the product or service, information about your registration or participation in an event, and support inquiries. We process this information to comply with our contractual obligations to you when responding to your requests.
4.3 Provide event information
Sunrise Stake UG may use your personal data to notify you about events that we believe may be of interest to you. Sunrise Stake UG also may use your personal data to respond directly to your requests for information, including registrations for newsletters or other specific requests. The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, public key, information about your registration or participation in an events, and support inquiries and location information and inferences.
4.4 Provide support
Sunrise Stake may use your personal data to provide support , including to address inquiries and requests for assistance. We may communicate with you through various channels, including by telephone, email, or other electronic messages. The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, public key, information about your registration or participation in an event, and your support inquiries and location information.
4.5 Comply with legal obligations:
Sunrise Stake UG may use your personal data to comply with laws, regulations, court orders, government and law enforcement requests, to operate our systems properly, and to protect our rights or property and those of our donors. The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, public key, information about your registration or participation in an event, and your support inquiries and location information. We process this information to comply with our legal obligations to which we are subject and to protect our rights or property.
4.6 Resolve disputes and enforce our agreements
We may use your personal data to resolve disputes and enforce our agreements and to protect the rights, safety, and security of our donors, volunteers, and others. The personal data that may be collected and processed for this purpose includes: name, title, company name, email address, telephone number, postal address, public key, information about your registration or participation in an event, and your support inquiries and location information. We process this information based to protect the rights, safety, and security of our donors, volunteers, and others.
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5. Legal Basis for Processing Personal Data
Our legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it. However, we will normally collect personal data from you where the processing is in our legitimate interests or necessary to perform a contract with you, comply with a legal obligation, protect your vital interests or those of another person, or for a task carried out in the public interest.
Where we rely on our legitimate interests to process your personal data, we will consider and balance any potential impact on you (both positive and negative) and your rights under data protection laws. Our legitimate interests do not automatically override your interests—we will not use your personal data for activities where our interests are overridden by the impact on you, unless we have your consent, or are otherwise required or permitted by law.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal data, please contact us using the contact details provided under the “Contact Us” section below.
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6. Marketing and Your Choices
We may use personal data to provide you with information about our products, services, and events. We may also use personal data to deliver targeted marketing or advertising, including on social media platforms, in accordance with applicable laws. For example, we may send marketing emails to you based on your interests.
You have choices about the data we collect and how we use it for marketing purposes:
6.1 Opt-out
You can opt-out of receiving marketing communications from us by following the instructions included in each marketing email we send. You can also contact us using the contact details provided under the “Contact Us” section below.
6.2 Cookies and other technology
When you visit our websites, we and our service providers may use cookies and other technology to automatically collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers may provide settings that allow you to refuse cookies or to be alerted when cookies are being sent. The “Help” section of the toolbar on most browsers will provide information on how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you reject cookies, you may not be able to take advantage of certain features or services on our websites.
Below is the list of the cookies used by our website:
XSRF-TOKEN - Used for security reasons
hs -Used for security reasons
sv - Used in connection with user login
SSR-caching - Used to indicate the system from which the site was rendered
_wixCIDX - Used for system monitoring/debugging
_wix_browser_sess - Used for system monitoring/debugging
consent-policy - Used for cookie banner parameters
smSession - Used to identify logged in site members
TS* - Used for security and anti-fraud reasons
bSession - Used for system effectiveness measurement
fedops.logger.X - Used for stability/effectiveness measurement
wixLanguage - Used on multilingual websites to save user language preference
6.3 Do not track signals
Some web browsers may transmit “do not track” signals to websites with which the browser communicates. Our websites do not currently respond to these “do not track” signals.
6.4 Advertising choices
Some of the third-party advertising companies and ad networks that collect information on our websites for behavioral advertising purposes may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about your choices regarding this type of advertising, please visit the DAA website at www.aboutads.info/choices/.
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7. How We Share (Disclose) Your Personal Data
We may share your personal data with the following categories of recipients:
7.1 Affiliates and subsidiaries
We may share your personal data with our affiliates and subsidiaries for business purposes, including to manage and operate our donation platform.
7.2 Service providers
We may share your personal data with our service providers who provide services on our behalf. These service providers may assist us with, for example, operating our websites, providing marketing and advertising services, and providing customer support. We require our service providers to use personal data only for the specific purposes for which it is provided to them and to protect the confidentiality and security of personal data.
7.3 Business partners
We may share your personal data with our business partners to facilitate the delivery of a donation you have requested. For example, we may share personal data with third parties who provide services on our behalf, such as customer support, and marketing services.
7.4 Event sponsors and exhibitors
We may share your personal data with third parties who sponsor or exhibit at our events for marketing purposes or for the purpose of understanding the effectiveness of our events.
7.5 Social Media
We may share your personal data with social media platforms where we maintain accounts to provide targeted advertising on those platforms and allow you to share information or to follow us. When you click on the plug-in button, the social media will automatically receive the information on the page you visited and on the content you viewed.
For more details on data protection policy for each social media, please visit the following pages:
For Twitter:
Plug-Ins: https://dev.twitter.com/web/overview/privacy
Privacy Policy: https://twitter.com/de/privacy
For LinkedIn
Plug-Ins: https://developer.linkedin.com/plugins
Privacy Policy: https://www.linkedin.com/legal/privacy-policy
7.6 Legal and law enforcement
We may disclose your personal data as required by law, subpoena, or other legal process; when we believe disclosure is necessary to protect our rights, enforce our agreements, or protect your or others’ safety; investigate fraud or respond to a government request.
7.7 Publicly available information
We may disclose information that is publicly available.
7.8 Aggregated or de-identified information
We may disclose information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual.
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8. International Data Transfers
We may transfer your personal data to countries outside the European Economic Area (EEA), including to countries that may not provide the same level of data protection as your home country. In such cases, we will ensure that the transfer is lawful and that there are appropriate safeguards in place to protect your personal data. This includes using standard contractual clauses approved by the European Commission or relying on other lawful transfer mechanisms permitted under applicable data protection laws.
9. Retention of Personal Data
We will retain your personal data for as long as necessary to fulfill the purposes for which it was collected and to comply with legal and regulatory requirements. The specific retention period will depend on the type of personal data and the context in which we collected it.
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10. Your Rights and Choices
Subject to applicable law, you have certain rights regarding your personal data. You have the right to:
10.1 Access your personal data
You have the right to obtain confirmation as to whether we process personal data about you and, if we do, access to your personal data and information related to how we process it.
10.2 Correct your personal data
You have the right to request that we correct any inaccuracies in your personal data.
10.3 Delete your personal data
You have the right to request the deletion of your personal data when it is no longer necessary for the purposes for which it was collected, or when it has been unlawfully processed.
10.4 Restrict the processing of your personal data
You have the right to restrict our processing of your personal data under certain circumstances. For example, you may contest the accuracy of your personal data, or you may object to our processing of your personal data for direct marketing purposes.
10.5 Object to the processing of your personal data
You have the right to object to our processing of your personal data when we are relying on legitimate interests as the legal basis for processing.
10.6 Data portability
You have the right to receive your personal data in a structured, commonly used, and machine-readable format, and to transmit that data to another data controller, where technically feasible.
10.7 Withdraw consent
If we have obtained your consent to process your personal data, you have the right to withdraw your consent at any time.
10.8 Lodge a complaint
If you believe that we have violated your data protection rights, you have the right to lodge a complaint with the relevant data protection supervisory authority.
To exercise any of these rights, please contact us using the contact details provided under the “Contact Us” section below. We will respond to your request within a reasonable time frame and in accordance with applicable law.
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11. Data Security
We have implemented measures to protect the confidentiality, integrity, and availability of your personal data. We use a combination of physical, technical, and administrative safeguards to protect your personal data from unauthorized access, use, or disclosure. For example, we restrict access to personal data to authorized personnel who need to know that information in order to operate, develop, or improve our services. We also use encryption and other security technologies to protect your personal data.
Although we have implemented measures to protect your personal data, no method of transmission over the internet, or method of electronic storage is 100% secure. Therefore, we cannot guarantee the absolute security of your personal data. If you have any questions about security on our website, please contact us using the contact details provided under the “Contact Us” section below.
12. Updates to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or for other operational, legal, or regulatory reasons. We will post the updated Privacy Policy on our website and will indicate at the top of the Privacy Policy when it was most recently updated.
13. Contact Us
If you have any questions or concerns about this Privacy Policy or our privacy practices, or if you would like to exercise any of your rights or choices regarding your personal data, please contact us at:
Sunrise Stake UG
Prager Str. 5
10779 Berlin – Germany
Email: info [at] sunrisestake.com
Phone: +49 1631509677
Please allow 3 working days for us to respond to your inquiry.
By using our websites or providing your personal data to us, you consent to the terms of this Privacy Policy and our processing of your personal data as described in this Privacy Policy. If you do not agree with our practices, please do not use our websites or provide us with your personal data.
Data Protection Officer:
Jan Meyling
Sunrise Stake UG
Prager Str. 5
10779 Berlin - Germany
Email: info [at] sunrisestake.com
Phone: +49 1631509677
Web: www.sunrisestake.com
Data Controller:
Sunrise Stake UG
Prager Str. 5
10779 Berlin - Germany
Email: info [at] sunrisestake.com
Phone: +49 1631509677
Web: www.sunrisestake.com
Managing Director: Jan Meyling
Commercial Register Charlottenburg: HRB 259352 B
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Terms for the
Sunrise Stake
App
(Version: December 16, 2024)
1. General Provisions
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1.1. Sunrise Stake UG, Prager Straße 5, 10779 Berlin, Germany, provides SOL holders with the possibility to link their own User Wallets with the decentralized Regenerative Finance Smart Contract (hereinafter: "Sunrise Proxy") on the basis of the following App Terms via the Sunrise Stake App provided on its website free of charge. Via the Sunrise Proxy, Users can use units of the cryptocurrency SOL to generate staking rewards (hereinafter: “Yields”) on the Solana blockchain in order to automatically allocate the Yields generated in this way to projects that promote climate protection.
1.2. In this respect, Users have the option of exchanging SOL for gSOL (green SOL) through independent interaction directly with the Sunrise Proxy. In connection with the interaction of Users with the Sunrise Proxy, the contribution of Sunrise Stake is exclusively limited to the fact that Sunrise Stake offers Users on its Website the use of its Sunrise Stake App, by means of which an own User Wallet can be connected to the Sunrise Proxy in order to then interact directly with the Sunrise Proxy without further involvement and participation of Sunrise Stake. In this respect, Sunrise Stake does not take SOL or gSOL or associated Private Keys of the Users into custody, nor does Sunrise Stake have any influence whatsoever on transactions between Users and the Sunrise Proxy.
1.3. The Sunrise Proxy will provide the SOL made available to it to selected staking pools, which in turn delegate them to Validators in the Solana network. Yields generated there flow back to the Sunrise Proxy via the staking pools, minus any fees incurred there, which then forwards them to a Smart Contract (hereinafter: "Yield Controller"), which finally allocates the Yields to climate protection projects.
1.4. The use of the Sunrise Stake App to link a User Wallet with the Sunrise Proxy is open to both Consumers and Entrepreneurs.
1.5. Sunrise Stake does not accept any general terms and conditions of Users submitted to Sunrise Stake.
2. Definitions
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2.1 App Terms: The term refers to the present general terms and conditions of Sunrise Stake for the use of the Sunrise Stake App provided by Sunrise Stake via the website for linking own User Wallets with the Sunrise Proxy.
2.2 BGB: The abbreviation stands for "Bürgerliches Gesetzbuch" (German Civil Code).
2.3 Blockchain: A database structure stored on a large number of globally distributed computers, in which all transactions that have historically taken place within the network are recorded and which is continuously updated by Validators participating in a consensus mechanism.
2.4 Delegation: For the purposes of these App Terms, the term stands for the allocation of SOL to a Validator that participates in the delegated Proof-of-Stake consensus mechanism of the SOL blockchain. Delegation does not require the transfer of SOL, but takes place by registering the relevant tokens in a Smart Contract executed by the respective Validator on the underlying SOL blockchain.
2.5. gSOL: SPL tokens on the Solana blockchain generated by the Sunrise Proxy and issued against SOL at a ratio of 1:1, which can be exchanged back for SOL at any time by their respective holder by transferring them back to the Sunrise Proxy. gSOL stands for "green SOL".
2.6 Website: Sunrise Stake offers its services in accordance with these App Terms via the website https://www.sunrisestake.com.
2.7 Users: For the sake of clarity, the term refers to all genders and various SOL holders who interact or wish to interact with the Sunrise Proxy in the context of these App Terms.
2.8 Delegated Proof-of-Stake consensus mechanism: Decentralized consensus mechanism for participating Validators to agree on the addition of new blocks to a Blockchain, which operates on the basis of a dedication rather than a transfer of units of the underlying blockchain.
2.9 Private Keys: Private Keys enable their holder to transfer blockchain units. It is not possible to dispose of blockchain units without knowledge of the associated Private Keys.
2.10. Smart Contract: A program executed on a blockchain that automatically triggers certain consequences when predefined events occur.
2.11. SOL: Original units of the SOL blockchain.
2.12. Sunrise Stake: Sunrise Stake UG (haftungsbeschränkt), Prager Str. 5, 10779 Berlin as provider of the Sunrise Stake App.
2.14. Sunrise Proxy: Decentralized Regenerative Finance Smart Contract through which SOL holders can exchange SOL for gSOL in order to use their SOL to generate Yield via the Sunrise Proxy's staking program, which is then automatically transferred to projects that promote climate protection for the purpose of funding.
2.15. Entrepreneur: According to Section 14 of the German Civil Code (BGB) and also within the meaning of these App Terms, an Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2.16. Validator: For the purposes of these App Terms, a Validator is a server that participates in the delegated Proof-of-Stake consensus mechanism of the SOL blockchain to generate Yields.
2.17. Consumer: According to Section 13 of the German Civil Code (BGB) and also for the purposes of these App Terms, a Consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
2.18. Wallet: Software program that enables the user to store and use Private Keys to tokens and thus grants the possibility to transfer, hold and receive SOL or gSOL.
2.19. Yield: Staking reward for participation in the (delegated) Proof-of-Stake consensus mechanism in the form of newly generated tokens that are created directly by the underlying Blockchain system and credited to the SOL-staking wallet.
2.20. Yield Controller: Smart Contract that allocates the Yields to climate protection projects.
3. Responsibility for the Staking Program via the Sunrise Proxy
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3.1. Sunrise Stake is the developer of the first operable version of the Sunrise Proxy. However, Sunrise Stake is not the operator of the Sunrise Proxy.
3.2. Sunrise Stake expressly does not act as a staking provider, crypto custody provider, operator of a staking pool or a Validator within the scope of the staking program that can be used via the Sunrise Proxy. Rather, staking pools and Validators of Third Party Providers ("Third Party Providers") are accessed via the Sunrise Proxy and involved in the staking program.
3.3. The Sunrise Proxy is a publicly controllable Smart Contract that has a non-custodial wallet address on the Solana blockchain in order to receive SOL from Users and forward it to the Third Party Providers involved. At no time does Sunrise Stake gain access to SOL or gSOL of the Users of the Sunrise Proxy or knowledge of the associated Private Keys. The Sunrise Proxy receives and transfers SOL and gSOL fully automated and decentralized..
3.4. Sunrise Stake does not owe Users of the Sunrise Proxy any service in relation to the functionality of the Sunrise Proxy due to their lack of operator status. In particular, Sunrise Stake does not owe Users any technical or consulting services in this respect. Sunrise Stake is not responsible for the proper operation of the Sunrise Proxy and the staking program that can be used through it.
4. Requirements for the Users of the Sunrise Proxy and the Staking Program
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4.1. In order to use the Sunrise Proxy and the associated staking program, Users are required to have SOL and a User Wallet compatible with the storage of SOL.
4.2. Users acknowledge and accept that the technical process and functionality of the Sunrise Proxy and the staking program that can be used via it are outside the sphere of influence of Sunrise Stake and may change at any time. In this respect, Users bear the risk that the process and functionality of the staking program usable via the Sunrise Proxy may change to their disadvantage.
4.3. Users of the Sunrise Proxy and the staking program that can be used through it should have sufficient knowledge in connection with the technical functioning and the legal, tax, economic and risk-related consequences of staking. If, in connection with participation in staking, Users have deficiencies in their knowledge of the technical functionality or the legal, tax, economic or risk-related consequences or need advice, it is their own responsibility to seek advice from appropriately qualified third parties (e.g. investment advisors, lawyers, tax advisors, etc.) at their own expense.
5. Procedure of the Staking Program via the Sunrise Proxy
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5.1. Users have the option of transferring SOL to the Sunrise Proxy in order to add them to the staking program. In return, users receive gSOL from the Sunrise Proxy in the respective equivalent value, which are transferred directly to the User Wallet used by the User for the SOL transaction.
5.2. The Sunrise Proxy automatically transfers the SOL provided to it by Users to staking pools operated by Third Party Providers. The staking pools delegate the SOL to Validators to be determined by them, which use the SOL to generate Yields. The Yields are first distributed to the staking pools, which transfer them to the Sunrise Proxy after deducting their individual fees.
5.3. The Sunrise Proxy transfers Yields received from staking pools to the Yield Controller, which then automatically transfers them according to its respective configuration to climate-friendly target programs.
5.4. Users have the option to transfer their gSOL back to the Sunrise Proxy at any time and in return immediately receive their SOL back in the equivalent value. If they make use of this option, the respective SOL will no longer participate in the staking program as soon as they have been transferred back to the Users' Wallet.
6. Uptime Regulations
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6.1. Sunrise Stake is only the developer of the first operable version of the Sunrise Proxy, but not its operator or administrator. Consequently, Sunrise Stake has no influence on the operating times of the Sunrise Proxy.
6.2. Sunrise Stake strives for uninterrupted availability of the Sunrise Stake App. Nevertheless, temporary interruptions in availability cannot be completely ruled out, for example due to:
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Maintenance work on the network systems;
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Maintenance work on the Sunrise Stake servers;
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Updates at application level;
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external disruptive influences (force majeure events such as terrorist attacks, hacker attacks, environmental influences).
These and similar cases are therefore excluded from uninterrupted availability.
7. Liability Regulation
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7.1. Sunrise Stake is liable to Users in accordance with the statutory provisions only for damages for which it is responsible. In addition, the liability of Sunrise Stake is limited to damages resulting from willful or grossly negligent breaches of duty. The limitation of liability according to sentence 2 above does not apply in cases of injury to life, body or health.
7.2. In addition, Sunrise Stake is liable to Users for breaches of duty for which it is responsible even in the event of simple negligence on the part of its employees, legal representatives or other vicarious agents for damages resulting from a culpable breach of a material contractual obligation (cardinal obligation) caused by it, its legal representatives or vicarious agents.
7.3. A material contractual obligation (cardinal obligation) within the meaning of the preceding paragraph exists in the case of contractual obligations of Sunrise Stake, the fulfillment of which is essential for the proper execution of the contractual relationship entered into with the User and on the observance of which the User may rely, and the breach of which on the part of the User jeopardizes the achievement of the purpose of the contract.
8. Data Protection Provisions
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Information on the handling of the User's personal data by Sunrise Stake, in particular their collection, processing and use for the purpose of performing the services agreed under these App Terms, can be found in Sunrise Stake's data protection declaration. By entering into a contractual relationship in accordance with these App Terms, the User consents to the processing of their personal data in accordance with Art. 6 of the EU General Data Protection Regulation (GDPR).
9 Contract Duration, Termination and Amendment of the App Terms
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9.1. The contractual relationship is concluded for an indefinite period and may be terminated by either party at any time with immediate effect.
9.2. Sunrise Stake will occasionally have to make changes to the underlying App Terms, for example due to changes in the law or changes to Sunrise Stake's business model. If Sunrise Stake decides in such a case that it no longer wishes to offer its services on the basis of these App Terms, it will terminate the existing contractual relationships under these App Terms by no longer providing its services to the Users. Users then have the option of concluding a new contractual relationship with Sunrise Stake on the basis of the then applicable App Terms by signing a respective message with their User Wallet to the Sunrise Proxy via the app provided by Sunrise Stake and accepting Sunrise Stake's updated App Terms.
9.3. Alternatively, Users have the option of actively accepting updated App Terms by expressly confirming them to Sunrise Stake.
10 Applicable Law and Jurisdiction
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10.1. These App Terms and all rights and obligations arising therefrom shall be governed exclusively by the laws of the Federal Republic of Germany, excluding its conflict of law rules and the conflict of law rules of the private international law of other legal systems.
10.2. The place of performance for the services provided in accordance with these App Terms is Berlin.
10.3. The exclusive place of jurisdiction for all disputes between Sunrise Stake and Users arising from the legal relationships governed by these App Terms is Berlin, provided that the User is a merchant within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law. The same applies if the User moves his place of residence abroad after acceptance of these App Terms or has no place of jurisdiction in Germany. For Consumers, the place of jurisdiction is the User's place of residence in accordance with the statutory provisions. The additional place of jurisdiction for Consumers is Berlin.
11. Final Provisions
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11.1. Insofar as Users are Consumers, Sunrise Stake points out that there is no obligation or willingness to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 para. 1 no. 1 VSBG).
11.2. Should one of the provisions of these App be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.