## TeamSpeak Inc.

Privacy Statement

Table of Contents

1. Scope of application

2. Service provider

3. Information

4. Revocation

5. Use of cookies

6. Informational use of the websites operated by TeamSpeak USA

7. Data collection when purchasing licenses for software solutions via Teamspeak.com

8. Data collection when downloading the TS3 client and the TS5 client

9. Data collection, storage and processing when using the TS3 client and TS5 client (PC/Mac)

10. Server rent

11. Use of the forum

12. Uploading and downloading add-ons

13. Use of the online inquiry; order by e-mail, fax or telephone

14. Social networks and third-party services

15. Data transfer to third parties

16. Google Analytics

17. Data security

18. Privacy shield regulations

19. Data protection officer

20. Changes to this privacy policy

Terms and Conditions and Customer Information

Table of Contents

I. General terms and conditions

1. Scope of application

2. Entrepreneur status

3. Subject matter of the contract

A. Provisions concerning the conclusion of the contract

4. Conclusion of the contract on the licensing of the software solutions

5. Conclusion of a contract for the provision of server space

6. Conclusion of the contract about the licensing of the client

7. Conclusion of a contract concerning the uploading and downloading of Add Ons

8. Conclusion of the contract on the use of the forum

B. Special provisions for the respective contracts for individual services

9. Licence fees for the use of the software solutions

10. Prices and terms of payment for the licensing of the software solutions

11. Termination of license agreements for the software solutions

12. Obligations of the customer when using the client

13. Termination of the client licensing agreements

14. Publication of contributions in the forum

15. Termination of the user account for the forum

16. Publication of Add Ons

17. Termination of the customer account as developer

C. General provisions

18. Warranty

19. Liability

20. Set-off, rights of retention and assignment

21. Text form

22. Applicable law and place of jurisdiction

II. Customer information

1. Identity of the provider

2. Information on the conclusion of the contract

3. Contract language, contract text storage

4. Essential characteristics of the goods and services

5. Prices and payment methods

6. Statutory liability for defects

7. Contract term, termination

# Privacy Statement

## 1. Scope of application

1.1 Below you will find information about the collection, storage and processing of personal data when using the services of TeamSpeak Systems Inc., PO Box 211180, Chula Vista, CA, 91921 USA (hereinafter referred to as TeamSpeak USA) and TeamSpeak Systems GmbH, Soiernstr. 1, 82494 Krün, are entered in the commercial register of the Munich Local Court under the registration number HRB 172523 (hereinafter referred to as TeamSpeak DE; hereinafter referred to both companies jointly as TeamSpeak) under the domains teamspeak.com, teamspeakusa.com and myteamspeak.com (hereinafter referred to collectively as "Teamspeak.com" and the latter as "Myteamspeak.com" and all three collectively referred to as "Website(s)"), which may also be accessed as a mobile version. This applies in particular - but not exclusively - to the download of the software solutions "TS3 Client", "TeamSpeak 3 SDK" and "TS5 Client" (hereinafter jointly referred to as "Software Solutions"), the downloading and use of the "TS3 Client" and "TS5 Client" (for PC or mobile devices), participation in the Forum and the uploading and downloading of TeamSpeak's own software programs that are compatible with TeamSpeak's software solutions and released by TeamSpeak (hereinafter referred to as "Add Ons").

1.2 Personal data are all data which can be traced back to you personally, i.e. which could be associated with your person. These are in particular name, e-mail address, address, telephone number, user behaviour, IP address, etc.

## 2. Service provider

2.1 Service provider according to § 7 Abs. 1 TMG is TeamSpeak USA. Responsible body according to art. 4 no. 7 DSGVO i.V.m. Art. 26 para. 1 p. 1 DSGVO is TeamSpeak.

2.2 The websites operated by TeamSpeak USA contain links which, when activated, will take you to the websites of third parties. TeamSpeak USA expressly points out that in this case you must inform yourself on the linked website about the collection, storage and processing of personal data by the third party provider, as TeamSpeak USA has no influence on this.

## 3. Information

3.1 You have the right to request detailed information from TeamSpeak USA at any time about the personal data stored and processed about you and its origin, the purpose of storage and processing and the recipients or categories of recipients to whom such data will be disclosed.

3.2 Please send your request for information by e-mail to privacy@teamspeak.com or by e-mail, telephone, post or fax to the contact details provided in the imprint on the websites operated by TeamSpeak USA.

## 4. Revocation

4.1 You can revoke your consent to the storage, collection and processing of your personal data at any time.

4.2 Please send your revocation by e-mail to privacy@teamspeak.com or by e-mail, telephone, post or fax to the contact details provided on the websites operated by TeamSpeak USA.

## 5. Use of cookies

5.1 When using the websites operated by TeamSpeak USA, cookies are stored on your computer, even if they are used for purely informational purposes on the websites operated by TeamSpeak USA.

5.2 Cookies are small text files that are stored on your hard drive, assigned to the browser you are using, and through which certain information is transmitted to the location that sets the cookie. Cookies cannot execute programs and, above all, cannot transmit viruses to your computer. Cookies are used in particular to make the websites operated by TeamSpeak USA more user-friendly.

5.3 If you have a user account for the websites operated by TeamSpeak USA, cookies are used in particular to identify you for subsequent visits to the websites operated by TeamSpeak USA. This prevents you from having to log in again for each visit.

5.4 The websites operated by TeamSpeak USA use the following types of cookies:

- Transient cookies, i.e. with temporary use
- Persistent cookies, i.e. with a limited period of use
- Third party cookies, i.e. cookies from third parties

5.5 Transient cookies are deleted as soon as you close your browser. These include in particular the so-called session cookies. Session cookies store a session ID that allows your browser's requests to be associated with the session, so that your computer can be recognized by the system when you return to the website operated by TeamSpeak USA. As soon as you log out or close your browser, all session cookies are automatically deleted.

5.6 Persistent cookies will only be deleted after a period of time that is dependent on the respective cookie and extends beyond the session, but no later than two months after the cookie has been set. You can delete these cookies at any time automatically in the security settings of your browser.

5.7 In your browser settings you can adjust the use of cookies individually and also prevent them completely. In particular, you can also completely prevent the use of third party cookies. In this case, however, you may not be able to use all the features of the websites operated by TeamSpeak USA.

5.8 The information stored via cookies is stored separately from and not linked to your other personal data.

5.9 TeamSpeak USA would like to point out that third-party providers who collect data using cookies also use data about the use of websites operated by TeamSpeak USA for user-generated advertising on other websites. TeamSpeak USA has no influence on this data collection.

## 6. Informational use of the websites operated by TeamSpeak USA

6.1 For purely informational use of the websites operated by TeamSpeak USA, TeamSpeak USA collects only the data transmitted by your browser, which is this:

- Your IP address
- Date, time, and duration of your visit to the respective TeamSpeak USA Web site
- Your user behavior, i.e., your visit to the respective website operated by TeamSpeak USA, subpages of the websites operated by TeamSpeak USA, and the order of your visits, clicks made, and time spent on individual pages and subpages
- Time zone difference to Greenwich Mean Time
- The access status / http status code
- Concrete amounts of data transferred
- Operating system and its interface
- Browser as well as language and version of the browser software
- The website from which the request originates

When using a mobile device, the following data is also stored:

- Type of mobile device and its settings
- Your location from which you access the TeamSpeak USA Web site.

6.2 You are deemed to be using the TeamSpeak USA Websites for informational purposes only if you do not sign up for a customer account, forum account or developer account, download the software solutions or the TeamSpeak Software Client, upload or download add-ons, submit a request through the TeamSpeak USA Websites or otherwise submit personal information to TeamSpeak USA.

## 7. Data collection when purchasing licenses for software solutions via Teamspeak.com

7.1 If you wish to purchase licenses for the software solutions or other services from TeamSpeak USA through the TeamSpeak USA Websites, you must create a customer account. An order without an existing or new customer account is not possible.

7.2 When you register for a User Account, the data you enter during the registration process will be stored, subject to TeamSpeak USA deleting your User Account at any time upon your request.

7.3 The data transmitted by you will be used in particular for the mutual fulfilment of the contract. For this purpose, your data may also be passed on to the partners required to fulfil the contract. This is in particular the payment service provider PayPal Inc, 2211 North First Street, 95131 San José, California, USA (hereinafter referred to as "PayPal"). You can find further information on the transfer of your personal data to third parties under section 15 of this data protection declaration.

7.4 TeamSpeak USA also uses your personal data for marketing and advertising purposes for TeamSpeak services. Without your specific consent, however, TeamSpeak will only send you information about TeamSpeak's services that is similar to the services you have used.

7.5 You have the right at any time to have your account deleted by TeamSpeak USA by sending a request to that effect to the e-mail address privacy@teamspeak.com or the data specified in the imprint of the TeamSpeak USA website. In the event that your user account is deleted at your request, your data will be deleted immediately as soon as it is no longer required to fulfill the contract and TeamSpeak USA is not legally obliged to store it.

7.6 In order to prevent unauthorized access by third parties to your personal data, in particular financial data, the order process is encrypted using SSL technology.

## 8. Data collection when downloading the TS3 client and the TS5 client

8.1 In the case of downloading a version of the TS3 Client and TS5 Client for PC and Mac, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy Policy shall apply mutatis mutandis. TeamSpeak USA does not collect, store or process any additional personal data from you during download.

8.2 If you download a version of the TS3 Client and TS5 Clients for mobile devices, you will be directed to the Apple AppStore (for the iOS version) or the Android Market (for the Android version) of a third party website.

8.2.1 For the collection, storage and processing of personal data by TeamSpeak USA, Clauses 5 and 6 and 7.2 to 7.6 of this Privacy Policy shall apply mutatis mutandis. During the download, TeamSpeak USA does not collect, store or use any additional personal information about you.

8.2.2 The third party provider collects, stores and uses personal data from you. Please refer to the third-party provider's website for information about the collection, storage and use of personal data by the third party, as TeamSpeak USA has no control over such collection, storage and use.

## 9. Data collection, storage and processing when using the TS3 client and TS5 client (PC/Mac)

9.1 TeamSpeak USA collects, stores and processes the following personal data from you when using the TS3 Client and TS5 Client for the PC/Mac:

- IP address
- Information on the operating system used (32 bit or 64 bit)
- User behaviour (in particular buttons and menu items pressed)
- Crash Report, if you send such a report to TeamSpeak USA (program lines, disruptive incident, essential data of the hardware used)

9.2 TeamSpeak USA uses this data solely for quality control purposes and for the further development of the software solutions as well as the TS3 client and the TS5 client. The data referred to in Section 9.1 of this Privacy Policy will not be linked or otherwise associated with any other data stored about you. The data will be anonymised for further processing immediately after collection.

9.3 If you do not consent to the collection, storage and processing of the data referred to in Section 9.1 of this Privacy Policy, you can exclude this in the field marked "Anonymous Statistics". To access this field, follow the menu items "Settings", "Options" and then "Applications".

9.4 You may at any time object to the collection, storage and processing of the data referred to in Section 9.1 at any time. Please send your objection by e-mail to privacy@teamspeak.com or object by e-mail, telephone, post or fax using the information provided in the imprint of the web pages operated by TeamSpeak USA. All data that can be traced back to you personally will be deleted immediately in the event of an objection.

9.5 The sending of a crash report in the event of a fault is voluntary and requires your separate consent to the collection, storage and processing of data, which is separately requested by you before the crash report is sent. In the event that a crash report is sent, sections 9.2 and 9.4 of this Privacy Policy shall apply mutatis mutandis.

## 10. Server rent

10.1 TeamSpeak USA exclusively arranges the rental of server space from third-party providers.

10.2 Clauses 5 and 6 as well as 7.2 to 7.6 of this data protection declaration shall apply accordingly. TeamSpeak USA itself does not collect, store or process any additional personal data about you when arranging the server rental.

10.3 TeamSpeak has no influence on the collection, storage and processing of personal data by the third party provider. Therefore, please inform yourself about the collection, storage and processing of personal data by the third party provider.

## 11. Use of the forum

11.1 The TeamSpeak Forum can be read without requiring registration. In this case, the use of the websites operated by TeamSpeak USA is for informational purposes only (see section 6 of this Privacy Policy).

11.2 In order to actively participate in the forum, you must register and create a forum account. When you register, you must enter a user name, password, date of birth and e-mail address. There is no obligation to use a clear name, use under a pseudonymous user name is possible.

11.3 TeamSpeak USA uses the so-called double opt-in procedure for registration, i.e. your registration is not completed until you have previously confirmed your registration by clicking on the link contained in an e-mail sent to you for this purpose. If your confirmation is not received in time, your registration will automatically be deleted from the database.

11.4 The information you provide during registration will be stored by TeamSpeak USA and linked to the content you publish, which will also be stored by TeamSpeak USA. This data will only be used to operate the forum and to process the contract concluded with you regarding the use of the forum.

11.5 TeamSpeak USA may at any time ask you to have your forum account deleted by TeamSpeak USA by sending an e-mail to privacy@teamspeak.com or by providing the information specified in Teamsspeak.com's imprint. In this case, the personal data stored on your forum account will be deleted immediately as soon as they are no longer required for processing the contractual relationship regarding the use of the forum and TeamSpeak USA is not legally obliged to store them. Posts published by you will be displayed anonymously after successful deletion of your forum account under the "Guest" flag.

## 12. Uploading and downloading add-ons

12.1 Uploading Add Ons requires registration for a customer account as a Developer (hereinafter referred to as "Developer Account").

12.1.1 During the registration process, email address, name and telephone number shall be provided and transmitted to TeamSpeak USA.

12.1.2 The data provided by you during the registration process will be stored subject to immediate deletion by TeamSpeak USA in response to your request for deletion at any time.

12.1.3 The data provided during the registration process will be used for the performance of the contract by both parties and to enforce any claims against you (in particular if the add-ons uploaded by you violate applicable law or the General Terms and Conditions).

12.1.4 TeamSpeak USA will also use the information provided during the registration process for marketing and promotional purposes regarding TeamSpeak's services. However, without your specific consent, TeamSpeak USA will only send you information about services that are similar to the services you are receiving for this purpose.

12.1.5 You have the right at any time to have your Developer Account deleted by sending a request to that effect to the e-mail address privacy@teamspeak.com or the data specified in the imprint of the websites operated by TeamSpeak USA. In the event that your Developer Account is deleted upon your request, your data will be deleted immediately as soon as it is no longer required for mutual contract fulfillment and TeamSpeak USA is not legally obliged to store it.

12.2 Registration is not required for the purpose of downloading Add Ons. Clauses 5 and 6 of this data protection declaration shall apply mutatis mutandis.

## 13. Use of the online inquiry; order by e-mail, fax or telephone

13.1 You also have the opportunity to contact TeamSpeak USA online through your customer account and by telephone and email.

13.2 The data you send or provide will be used to respond to your inquiry and to contact you by telephone or e-mail and, where appropriate, for the performance of the contract by both parties. If your data is also used for the purpose of mutual contract fulfilment, clauses 5 and 6 of this data protection declaration apply accordingly.

## 14. Social networks and third-party services

14.1 TeamSpeak USA uses social media plug-ins from the social networks Facebook, Google+, Twitter, Twitch, Instagram and YouTube on the websites operated by TeamSpeak USA.

14.2 Without you clicking on the button of a plug-in, no personal data will be transmitted to the providers of these plug-ins, regardless of whether you place an order or not.

14.3 If you press the button of a plug-in, personal data is automatically transmitted to the provider of the plug-in and can be stored and used by the latter. Please note that this can take place abroad, i.e. in particular in the United States of America.

14.4 TeamSpeak has no complete knowledge of the type and scope of data collection and its use and processing and cannot influence these.

14.5 If you activate a Plug-In, the Plug-In Provider will be notified that you have activated the Plug-In Provider on the relevant TeamSpeak USA web page or subpage of the relevant TeamSpeak USA web page. In addition, the information specified in section 6 of this Privacy Policy will be transmitted to the plug-in provider. According to the plug-in provider's own information, in the case of Facebook in Germany only an anonymous IP address is collected and transmitted.

14.5.1 The data collection and transmission referred to in Section 14.5 of this Privacy Policy shall take place regardless of whether you have a user account with the respective plug-in provider or not. If you have a user account with the respective plug-in provider and you are logged in to this user account at the time you click on the respective plug-in, the data transmitted to the respective plug-in provider will be assigned directly to your user account. If you confirm the activated plug-in and, for example, link the page, the plug-in provider also stores this information in your user account and can also publicly communicate this to your contacts. To prevent assignment to your user account with the respective plug-in provider, you should log out of your user account with the respective plug-in provider before clicking on the plug-in on the websites operated by TeamSpeak USA.

14.5.2 The respective plug-in provider stores the data transmitted to it, regardless of whether you are also logged in to your user account with the respective plug-in provider, usually as user profiles which are used, for example, for the following purposes:

- Demand-oriented advertising
- market research
- Optimisation of the Plug-In provider's Internet pages according to requirements
- Inform other members of the social network about your activities on the websites operated by TeamSpeak USA.

14.6 You are entitled to object to the creation of user profiles with the data collected about you. To do this, contact the respective plug-in provider. TeamSpeak has no control over, and is not responsible for, compliance with your objection.

14.7 Further information on this and your rights in this regard can be found in the data protection declarations of the plug-in providers as the responsible bodies, which you can access as follows:

14.7.1 Facebook Inc., 1601 S California Ave, Palo Alto, California 94304 USA – https://www.facebook.com/policy.php

14.7.2 Google+: Google Inc., 1600 Amphitheater Parkway, Mountain View, California 94103 USA – https://www.google.com/policies/privacy/partners

14.7.3 Twitter: Twitter, Inc. 1355 Market St., Suite 900, San Francisco, California 94103 USA – https://twitter.com/privacy

14.7.4 YouTube: YouTube, LLC (Google Inc.), 901 Cherry Ave, San Bruno, CA 94066 USA – https://policies.google.com/privacy

14.7.5 Twitch: Twitch Interactive, Inc., 350 Bush Street, 2nd Floor, San Francisco, CA 94104 USA – https://www.twitch.tv/p/legal/privacy-notice/

14.7.6 Instagram: Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025 USA – https://help.instagram.com/155833707900388

## 15. Data transfer to third parties

15.1 TeamSpeak may disclose your personal data to third parties if contractually agreed services and terms are offered jointly with the third party provider or include the third party provider's services. In this case, TeamSpeak will inform you of the transfer of the data to the third party during the ordering process.

15.2 TeamSpeak shall also process the data via external service providers.

15.2.1 These external service providers shall be carefully selected by TeamSpeak and commissioned in writing. The external service providers involved in data processing are bound by TeamSpeak's instructions and are regularly checked for compliance with data protection and data security.

15.2.2 The external service providers are not entitled to pass on the data to third parties.

15.3 TeamSpeak will only process your personal data if permitted by law. In most cases we will process your personal data:

- With your consent, and please note that you have the right to withdraw your consent at any time by contacting us.
- Where TeamSpeak has a contract to fulfill that we enter into or have already entered into with you.
- Where it is necessary that the legitimate interests of TeamSpeak (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where TeamSpeak must meet a legal or regulatory obligation.

The table below shows how TeamSpeak processes your personal data. Please contact TeamSpeak USA for more information on the specific processing requirements.

Below is a breakdown by activity of how TeamSpeak processes your data:

Ordering a product or service

To process or deliver a product or service that you have ordered from TeamSpeak USA, including:

- Online orders or orders on one of our websites
- When we refund a payment
- To manage payment and fees
- To collect money owed to us
- Any other contractual agreement that we agree to enter into with you.

Personal data

- identity data
- contact details
- Financial data
- transactional data

Basis for processing

- performance of a contract with you
- Necessary for the legitimate interests of TeamSpeak USA to obtain funds owed to TeamSpeak USA.

Register with TeamSpeak USA

To process your registration at TeamSpeak USA including:

- Receive news, offers, promotions and updates
- to receive a voucher
- fully use our apps including myTeamSpeak
- if you register otherwise than as one of our customers.

Personal data

- identity data
- contact details
- profile data

Basis for processing

- Fulfilment of a contract with you

Direct marketing

To tailor direct marketing to you and to send you direct marketing communications including via :

- enamel
- TEXT MESSAGE
- push notifications

Personal data

- identity data
- contact details
- Technical data
- transactional data
- consumption data
- profile data
- Marketing and communication data

Basis for processing

- With regard to tailoring direct marketing, necessary for the legitimate interests of TeamSpeak USA, which are to develop its business and inform its marketing strategy
- With respect to sending direct marketing where you are a customer and you have not previously opted out of receiving such direct marketing as necessary for the legitimate interests of TeamSpeak USA, which is to provide you with relevant products and services in relation to what we have previously provided to you.
- With respect to sending direct marketing where you are not a TeamSpeak USA customer, your consent is given when you sign up for our mobile app, provide your details on our website or otherwise, and you give your consent.

Raffles, contests and/or surveys

Give you the opportunity to participate in sweepstakes, contests or surveys.

Personal data

- identity data
- contact details
- consumption data
- profile data
- Marketing and communication data

Basis for processing

- Fulfilment of a contract with you
- Necessary for TeamSpeak's legitimate interests, which are to investigate how customers use our products and services, to develop them, and to expand our business.

General Information

TeamSpeak's customers to understand, aggregate general information from various sources to create a profile of you; this may include:

- Understand your habits, where you are from time to time, your personal circumstances and those of your family or household, and the things you may like, dislike and interest you.
- how you interact with us, such as subscribing to news, offers, promotions and updates, completing surveys, participating in contests, browsing mobile apps, websites, evaluating interaction - such as through likes and comments - with our social media accounts and our products and services in public forums.
- Create aggregated data

Personal data

- identity data
- contact details
- Technical data
- transactional data
- consumption data
- profile data
- Marketing and communication data

Basis for processing

- Necessary for TeamSpeak's legitimate interests, which are to develop our business, products, services, content and advertising campaigns to make them relevant to you and to track the effectiveness of our advertising campaigns

Notifications

TeamSpeak's relationship with you, which includes the following:

- Notify you of changes to our privacy policy
- Notify you of operational changes to TeamSpeak products, services, websites and mobile apps, such as when TeamSpeak would withdraw one of its apps.
- Get feedback from you from time to time about TeamSpeak brands, websites, mobile apps and other services and activities.
- Respond to your questions, suggestions, problems or complaints, respond to them and deal with them, and report and analyse them.
- Respond to any social media reviews, postings or other public comments you make about TeamSpeak, its trademarks, websites, mobile apps, services, or other activities

Personal data

- identity data
- contact details
- profile data
- Marketing and communication data
- Sensitive data (only as required for dealing with feedback and complaints on specific topics)
- Data from children (only as necessary for dealing with feedback and complaints on specific topics)

Basis for processing

- Fulfilment of a contract with you
- Necessary to comply with a legal obligation
- Necessary for TeamSpeak's legitimate interests (to keep records up to date and to investigate how customers use products/services)

Management and protection

Manage and protect TeamSpeak's business and website, and ensure the safe and secure use of products and services, including:

- the process of anonymizing your data so that you are no longer identifiable to us and we no longer need your data in an identifiable form
- Provide secure access to TeamSpeak USA operated websites, mobile apps and WLAN networks.
- Optimizing the user's security measures and services, such as recognition of your usernames and passwords, and resetting functions
- Monitor security measures around TeamSpeak USA's web sites, mobile apps, and WLAN networks to ensure that they are not abused or threatened.
- Protect you and our business from potential criminal behavior such as fraud.
- problem management, data analysis, testing, system maintenance, support, transmission and hosting of data

Personal data

- identity data
- contact details
- Technical data
- consumption data
- profile data
- Marketing and communication data

Basis for processing

- Fulfilment of a contract with you
- Necessary for TeamSpeak's legitimate interests, which are to run its business, ensure network security and prevent potential criminal behavior
- Necessary to comply with a legal obligation

provision of information

Provide information to entities and regulators where TeamSpeak is required to do so by law or regulation.

Personal data

- identity data
- contact details
- Technical data
- transactional data
- consumption data
- profile data
- Marketing and communication data
- Sensitive data
- Data from children

Basis for processing

- Necessary to comply with a legal obligation.

15.4 How TeamSpeak shares your personal information

TeamSpeak cannot run its business or get many of the services and benefits you expect provided without involving other people and businesses. TeamSpeak will share your information only in accordance with the laws applicable to us and for the purposes set out herein.

From time to time, TeamSpeak processes personal information about you in an automated manner to evaluate specific personal aspects about you. This includes the ability to analyze your interests and make predictions about how you are likely to interact with TeamSpeak. This is commonly referred to as profiling, so TeamSpeak can offer you a more personalized customer experience. This is based on our impression of how you deal with TeamSpeak.

The personal data about you that we process for profiling purposes includes your identity data, your contact data and your profile data. We do not process any personal data about you for profiling purposes that consist of personal data of the special category. We process your personal data for profiling purposes for our legitimate interests, as explained below. If you would like to know more about what kind of profiling we do and what profiling means for you, please contact us and we will be happy to give you a detailed answer. You also have the right to object to our processing your personal data for profiling purposes and to learn more about your right to object.

TeamSpeak shares your personal information:

- All TeamSpeak companies, including new companies, brands or outlets that we may acquire in the future (which act as controllers or contract data processors) and that provide information technology, human resources and systems administration services, and that you may have agreed to provide you with marketing communications.
- Service providers (who primarily act as processors, sometimes as controllers) who assist TeamSpeak in providing you with our websites, mobile apps, wireless networks, and related services; for example, information technology companies that design and host TeamSpeak USA websites, payment service providers that enable you to use credit or payment cards at TeamSpeak, and data wallpaper specialists.
- Related third parties (acting as contract data processors and controllers) who provide services to TeamSpeak, such as market research, voucher provision and withdrawal, marketing background services, and data analysis services.
- Reward companies (which act as controllers) that you have joined to receive the rewards and benefits offered to you.
- Any new business partners (who act as controllers or contract data processors) that TeamSpeak may have over time; for example, if TeamSpeak enters into a partnership with another company, reorganizes, merges, or sells a portion of our business, the other party may receive some or all of your information.
- Our professional consultants (who act as controllers or order data processors); for example, our attorneys, insurance companies and insurance brokers, if they need them to advise TeamSpeak or assist TeamSpeak in taking out insurance.
- The police, health and safety authorities, local authorities, the appropriate tax authorities in your country, the courts, and any other central or local government authorities (acting as controllers or contract data processors) where TeamSpeak is required to do so in order to comply with its legal obligations, or when requested to do so and TeamSpeak is permitted to disclose it lawfully, for example, to prevent and detect criminal offences or to report serious health and safety incidents.
- TeamSpeak may also share the information collected with other third parties where TeamSpeak is required to do so by law, for example to comply with a court order.

## 16. Google Analytics

16.1 TeamSpeak USA uses Google Analytics on the websites operated by TeamSpeak USA and all TS 5 clients. Google Analytics is a web analytics service provided by Google Inc., 1600 Amphitheater Parkway, Mountainview, California 94103 USA (hereinafter referred to as "Google"). Google Analytics uses cookies which are stored on your computer and enable an analysis of your user behaviour. The information generated by the cookies is also stored by Google abroad, in particular on a Google server in the United States of America.

16.2 The websites operated by TeamSpeak USA use Google Analytics with the extension "_anonymizeIP()", i.e. the anonymization function of Google Analytics. As a result, your IP address will generally be truncated by Google in a European Economic Area country prior to transmission to the United States of America.

16.3 The IP address transmitted by your browser as part of the use of Google Analytics is not merged with other data that Google collects about you.

16.4 You can exclude the storage of cookies used by Google Analytics by excluding the use of cookies in your browser settings. In this case, however, you will not be able to use other features of the websites operated by TeamSpeak USA.

16.5 You also have the option of opting out of the collection and processing of your personal data by Google by installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout

16.6 The use of Google Analytics takes place in accordance with the requirements on which the German data protection authorities have agreed with Google.

16.7 You can view an overview of Google Analytics' privacy policy at this link:
https://support.google.com/analytics/answer/6004245

16.8 The data collected by Google Analytics on the TS5 client is processed anonymously. Similar to the procedure described in Section 16.2, the TS5 client will generally have your IP address truncated by Google in a European Economic Area country prior to transmission to the United States of America.

## 17. Data security

17.1 TeamSpeak takes current technical measures to ensure data security and thus in particular to protect your personal data from the dangers of data transmission and the gaining of knowledge by third parties. TeamSpeak regularly adapts these measures to the current state of the art.

17.2 TeamSpeak USA will provide you with information about data security at all times. Please direct your inquiry to privacy@teamspeak.com or to the data specified in the imprint of the websites operated by TeamSpeak USA.

## 18. Privacy shield regulations

18.1 TeamSpeak USA is certified under the EU-U.S. Privacy Shield and fully complies with the principles of the Privacy Shield, including its ancillary principles, when transferring data from European Economic Area countries to the United States. To learn more about the Privacy Shield program, visit www.privacyshield.gov, and to verify our certification, visit www.privacyshield.gov/list. However, if there is a conflict between the Privacy Shield Principles and the Data Transfer Principles below, the Privacy Shield Principles will always prevail.

18.2 Types of personal data, purpose of collection and competent authority

TeamSpeak USA collects and uses information in various ways. TeamSpeak USA only collects the data transmitted by your browser for purely informational use of the website. For more detailed information, please refer to section 6 of this Privacy Policy. TeamSpeak USA also collects data when you purchase licenses for software solutions from TeamSpeak USA. Further information can be found in section 7 of this data protection declaration. When cookies are used, they are stored on your computer. You will find more details on this under section 5 of this data protection declaration. Data is also collected, stored and processed when the TS3 Client and TS5 Client are downloaded. The same applies when using the TS3 Client and TS5 Client. For more information, please refer to section 9 of this Privacy Policy.

TeamSpeak USA will only use personal information in a manner consistent with the purposes for which it was collected or authorized by you.

TeamSpeak USA is subject to the US Department of Commerce International Trade Administration.

18.3 Data transmission to third parties

If we disclose personal information to third parties acting as agents of TeamSpeak USA, we will ensure that such third parties are also certified for the EU-U.S. Privacy Shield or have a resolution of appropriateness issued by the EU Commission, or that there are written agreements between us and the third party that at least meet Privacy Shield's privacy standards. To whom we disclose your personal information and for what purpose, please refer to the disclosures in this privacy statement regarding the specific use of TeamSpeak USA's information.

Under certain circumstances, TeamSpeak USA may be liable for the disclosure of personal data of individuals from the European Economic Area if the third party has processed personal data in a manner inconsistent with the EU-U.S. Privacy Shield, unless TeamSpeak USA proves that it is not responsible for the event giving rise to the damage.

We may need to disclose personal information in response to lawful requests from government authorities, for law enforcement or national security reasons, if necessary to comply with a court order, or if otherwise required by law.

18.4 Data security

TeamSpeak USA uses technical, electronic and administrative procedures to ensure the confidentiality of your personal information, including Secure Sockets Layer ("SSL") for all financial transactions. We use SSL encryption to protect your personal information online. We also take several steps to protect your personal information at our facilities. Access to your personal data is restricted. Only employees who need access to your personal information in order to perform certain tasks will have access to your personal information. Finally, for the technical security of some of our computer hardware, we rely on the services of third parties. We believe that their security measures are appropriate. For example, when you visit teamspeak.com, you access a server behind closed doors and an electronic firewall. Although we take industry-standard precautions to protect your personal information, we cannot guarantee complete security. 100% complete security is currently available neither online nor offline. TeamSpeak USA takes current technical measures to ensure data security and in particular to protect your personal data from the dangers of data transmission and the knowledge gained by third parties. TeamSpeak USA also regularly adapts these measures to the state of the art. TeamSpeak USA keeps you informed about data security in your organization at all times. Please send your request to privacy@teamspeak.com or use the contact details given in the teamspeak.com imprint.

18.5 Choice, access and corrections

TeamSpeak USA provides individuals in the European Economic Area whose personal information has been submitted to us with the opportunity to choose whether the personal information you provide will be used for a purpose other than that for which it was originally collected. You may also opt out of the use of your personal information by contacting us at the contact details below. TeamSpeak USA will not use your personal information for any purpose other than that for which it was originally collected or subsequently authorized by you, unless we have received your express consent.

TeamSpeak USA also provides you with reasonable access to personal information obtained in accordance with the Privacy Shield Principles.

Upon request, we will also correct or update your personal information, stop sending emails to your email address, or deactivate your account to prevent future purchases through that account.

You can send these requests by e-mail to privacy@teamspeak.com, by fax + 1-619-312-4145 or by telephone at + 1-877-832-6773. Please do not send your credit card number or other sensitive information by e-mail.

18.6 Offline Collection, Use and Disclosure of Information

Information may also be collected offline, and attempts may be made to protect your personal information. For example, when you call, we only ask for the personal information we need to process the order or answer the question. When we need to store information, we enter it into our database using SSL encryption. Faxes are another example. If you fax us something, we respond to the fax and either store it in a locked room or we destroy the fax if the information does not need to be kept. It should be noted that we try to comply with the standards for data obtained online for data obtained offline.

18.7 Enforcement of Privacy Shield Principles

TeamSpeak USA implements compliance measures to ensure compliance with the Privacy Shields. Any employee found by TeamSpeak USA to be in violation of these guidelines will be subject to disciplinary action.

18.8 Settlement of disputes

In accordance with the EU-U.S. Privacy Shield, TeamSpeak USA is committed to resolving complaints about your privacy and our collection or use of your personal information. Persons from a European Economic Area country should first contact TeamSpeak USA at the above address with inquiries or complaints regarding Privacy Shield provisions. TeamSpeak USA will investigate and attempt to resolve your complaints based on the principles set forth in the Privacy Shield Policy. TeamSpeak USA is required to investigate the complaint within 45 days. TeamSpeak USA has also committed to submit unresolved privacy complaints under the Privacy Shield provisions to the independent enforcement mechanism, the BBB EU PRIVACY SHIELD, which is often operated by the Council's Better Business Bureau. If it does not acknowledge your complaint in a timely manner or your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. Under certain limited circumstances, an individual may also be able to invoke binding arbitration under Annex I of the Privacy Shield Principles to resolve an otherwise unresolved complaint.

## 19. Data protection officer

TeamSpeak has appointed an external privacy officer.

Lawyer Stephan Hendel

Bajuwarenstr. 2e

93053 Regensburg, Germany

Germany (German)

Should you have any concerns or questions about the data you have processed, you can also contact our data protection officer directly. Further contact details can be found at https://www.gabler-hendel.de .

## 20. Changes to this privacy policy

We always keep this privacy policy up to date. Therefore, we reserve the right to change them from time to time and to update changes in the collection, processing or use of your data.

Last updated: October 1, 2019

# Terms and Conditions and Customer Information

## TeamSpeak Systems, Inc.

##
I. General terms and conditions

### 1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between TeamSpeak Systems Inc., PO Box 211180, Chula Vista, CA, 91921 USA (hereinafter referred to as "TeamSpeak") and customers via the websites provided by TeamSpeak under the domains www.teamspeak.com, www.teamspeakusa.com and www.myteamspeak.com (hereinafter referred to collectively as "Teamspeak.com" and the latter as "Myteamspeak.com" and all three collectively referred to as "TeamSpeak Websites").

1.2 These General Terms and Conditions shall also apply to all future services or offers to the customer, even if they are not separately agreed again.

1.3 TeamSpeak does not accept any deviating, additional or conflicting general terms and conditions of the customer, so that they are not included in the contract. This shall not apply if TeamSpeak has expressly agreed in writing to the inclusion of the customer's GTC in the respective individual case.

### 2. Entrepreneur status

2.1 All paid offers by TeamSpeak are directed exclusively at entrepreneurs within the meaning of § 14 BGB who order and use the services of TeamSpeak within the scope of their independent, professional or commercial activity.

2.2 TeamSpeak shall check the customer's entrepreneurial status prior to the conclusion of the contract for paid services. The customer must provide TeamSpeak with any documents requested for this purpose, such as a business registration.

2.3 An entrepreneur is any natural or legal person or a partnership with legal capacity who, upon conclusion of a legal transaction, in this case the conclusion of a contract with TeamSpeak, acts in the exercise of its commercial or self-employed professional activity, § 14 BGB (German Civil Code).

2.4 A consumer is any natural person who concludes a legal transaction, in this case the conclusion of a contract with TeamSpeak, for purposes which can predominantly not be attributed to his commercial or self-employed professional activity, § 13 BGB.

2.5 Non-commercial grouping within the meaning of these GTC is any grouping of consumers or any legal entity whose business activity does not serve to generate profits, in particular legal entities pursuing a non-profit corporate purpose.

### 3. Subject matter of the contract

3.1 TeamSpeak is the provider of the software solutions "TS3 Client", "TeamSpeak 3 SDK" and "TS 5 Client" as well as the respective mobile client applications for iOS and Android (hereinafter referred to as "Software Solutions"), which enable the customer to communicate via voice or text and to exchange files with third parties.

The "TS3 Client" and "TS 5 Client" software solutions denote the object code of the TeamSpeak Communication Software version 3 and 5 client provided to you by TeamSpeak, including any software enhancements, upgrades or updates you receive.

The TeamSpeak 3 SDK Software Solution means the object code of the TeamSpeak Version 3 Software Development Kit Software and the client and server provided to you by TeamSpeak, including any software enhancements, upgrades or updates you receive.

"Client" means the TeamSpeak software that connects to the TeamSpeak server software via the Internet. "Server" means the TeamSpeak software (whether 32-bit or 64-bit) which is installed on a computer and acts as a host.

3.1.1 The "TS3 Client" and "TS 5 Client" software solution enables the customer to communicate with third parties by sharing his TeamSpeak server address with them. The number of third parties to whom the communication channel can be made available depends on the scope of the customer's license.

3.1.2 The software solution "TeamSpeak 3 SDK" represents a solution for integrating the technical solution for voice transmission and other functions such as file transfer, chat function etc. into the Customer's own software solutions.

3.2 The software solutions are offered under the following license models:

3.2.1 "Unlicensed": Under the license model "Unlicensed" the software solutions "TS3 Client" and its predecessor "TeamSpeak 2" can be used free of charge. Use of the "TeamSpeak 2 - Server" software solution is limited to a maximum of two virtual servers with up to 1000 slots, use of the "TeamSpeak 3 Server" software solution is limited to one virtual server with up to 32 slots. The use is unlimited in terms of time. There is no feedback from the virtual server to TeamSpeak. The license model "Unlicensed" is only available to non-commercial groups and consumers.

3.2.2 "Non-Profit" (hereinafter referred to as "NPL"): The "TeamSpeak 3 Server" software solution can be used free of charge under the "NPL" license model. The use is limited to two virtual servers with up to 512 slots. The license period is 6 months. Sublicensing of slots and virtual servers to third parties is not permitted. The license model "NPL" is only available to non-commercial groups and consumers.

3.2.3 "Annual Activation/ Single Server" (hereinafter referred to as "AAL"): Under the license model "AAL" the software solution "TeamSpeak 3 Server" can be used against payment. Depending on the licensing selected by the customer, the use is between a virtual server with up to 32 slots and up to 2 virtual servers with up to 1064 slots. The license period is one year. Sublicensing of slots and virtual servers to third parties is not permitted.

3.2.4 "Authorized TeamSpeak Hosting Provider" (hereinafter referred to as "ATHP"): Under the "ATHP" license model, the "TeamSpeak 3 Server" software solution can be used for an unlimited fee and virtual servers and slots can be sublicensed to third parties. The license period is one year.

3.2.5 Software Development Kit (hereinafter referred to as "SDK"): Under the license model "SDK", the software solution "TeamSpeak 3 SDK" can be used against payment for integration into the user's own software solutions. TeamSpeak customizes and agrees the terms of the "SDK" license model to the individual needs of the user.

3.3 TeamSpeak also procures server space via Teamspeak.com which is offered by third parties.

3.4 The customer also has the possibility to download the Teamspeak Software Client via Teamspeak.com or the referring websites. The client is offered for the operating systems Windows, Linux and MacOS. Furthermore the customer has the possibility to download the client in a version for mobile devices for iOS or Android.

3.5 TeamSpeak operates a forum via myteamspeak.com which enables the customer to publish contributions to TeamSpeak's services, in particular questions, suggestions and reviews on Teamspeak.com in the "Community" section.

3.6 The customer also has the opportunity to upload his own software programs compatible with TeamSpeak's software solutions (hereinafter referred to as "Add Ons") to the Teamspeak websites and to offer them to third parties for download, as well as to download the Add Ons offered by third parties via myteamspeak.com.

3.7 However, the "TS3 Client" and the "TS5 Client" as well as the respective mobile applications for iOS and Android may only be used to connect to official "TeamSpeak 3 Servers" and "TeamSpeak 5 Servers" developed by TeamSpeak. Any other use is expressly prohibited. In the event of an infringement, TeamSpeak reserves the right to assert claims for damages.

## A. Provisions concerning the conclusion of the contract

### 4. Conclusion of the contract on the licensing of the software solutions

4.1 A contract with TeamSpeak regarding the licensing of the software solutions shall be concluded as described below:

4.1.1 "Unlicensed": The contract for the free use of the license model "Unlicensed" is concluded when the customer downloads the respective software solution and TeamSpeak makes the software solution available.

4.1.1.1 For this purpose, Customer shall press the button on TeamSpeak.com labeled "Licensing Overview" followed by the button under the description of the license model "Unlicensed" labeled "Download".

4.1.1.2 Without having to register, the customer has the possibility to download the software solution and use it in accordance with these GTC.

4.1.1.3 When the software solution is downloaded, a binding contract is concluded between TeamSpeak and the customer regarding the use of the software solution in the "Unlicensed" license model.

4.1.2 "NPL": The contract for the free use of the license model "NPL" is concluded as follows:

4.1.2.1 Customer clicks on TeamSpeak.com the button labeled "Licensing Overview" and then the button labeled "Register" displayed under the description of the licensing model "NPL".

4.1.2.2 The customer presses the button labeled "Continue to NPL Application" on the overview displayed and confirms the existence of the prerequisites for a non-commercial grouping or consumer property by pressing the button labeled "Continue". He also confirms the license conditions and these GTC by pressing the buttons marked "I agree".

4.1.2.3 By clicking the "Submit" button, the customer submits an offer to TeamSpeak to conclude the contract for the license model "NPL". Before pressing the button labeled "Submit", the customer has the option of deleting or correcting his entry or canceling the process at any time, also by pressing the "Back" button on his browser.

4.1.2.4 TeamSpeak shall send a confirmation e-mail to the e-mail address provided during the registration process, confirming receipt of the customer's offer by TeamSpeak. A contract does not come off with entrance of this confirmation E-Mail with the customer.

4.1.2.5 TeamSpeak accepts the customer's offer by making the software solution available for download. This results in a binding contract between TeamSpeak and the customer for the use of the software solution in the "NPL" license model.

4.1.2.6 TeamSpeak shall send a confirmation e-mail to the e-mail address specified during registration, summarizing the essential content of the contract, to the customer. With this confirmation e-mail the AGB are also sent to the customer.

4.1.3 "AAL": The contract for the paid use of the license model "AAL" is concluded as follows:

4.1.3.1 Customer registers for a TeamSpeak.com account: Customer presses the button labeled "Sales" and then the button labeled "Continue to register for an account. He fills in the displayed registration form and sends it by pressing the button marked "Register".

4.1.3.2 The customer receives an overview of the data entered by him and is given the option of correcting or deleting this data after pressing the "modify" button or canceling the registration process by closing the browser window or pressing the "Back" button on the browser.

4.1.3.3 By pressing the button with the inscription "Confirm", the customer submits a binding offer to conclude a contract for the opening of his customer account.

4.1.3.4 TeamSpeak will send a confirmation email with a confirmation link and password to the customer.

4.1.3.5 TeamSpeak shall display the license models offered to the customer in the customer area of the customer account. With this advertisement TeamSpeak makes a binding offer to conclude a contract with the customer for the license models displayed.

4.1.3.6 The customer selects the desired "AAL" license in his customer account and presses the button with the inscription "Add". By pressing the button labeled "Add", the customer accepts TeamSpeak's offer to conclude a contract and a binding contract for the use of the software solution in the license model "AAL" is concluded.

4.1.3.7 TeamSpeak shall send a confirmation e-mail to the e-mail address specified during registration, summarizing the essential content of the contract, to the customer.

4.1.4 "ATHP": The contract for the paid use of the "ATHP" license model is concluded as follows:

4.1.4.1 The customer registers for a TeamSpeak.com customer account. The steps of registration are governed by sections 4.1.3.1 to 4.1.3.4 of these GTC.

4.1.4.2 The customer selects the licence model "ATHP" in his customer account and presses the button with the inscription "Add". The customer will receive an invoice for the registration fee of $ 50 USD. Once the customer has paid the registration fee, TeamSpeak will send an email to the customer with instructions to complete the application process (as described below).

4.1.4.3 The customer shall send TeamSpeak the completed application form, the signed license agreement, a photocopy of the identity card or passport of an authorized representative as well as the business registration, the VAT ID or any other document that identifies the customer as an entrepreneur within the meaning of section 2.3 of these GTC. The documents will be sent to TeamSpeak by e-mail to athps@teamspeak.com or by fax to +49-8825-920-27-97. By sending the aforementioned documents, the customer submits a binding offer to conclude the contract.

4.1.4.4 TeamSpeak will send a confirmation email to the email address stored in the customer's account confirming receipt of the customer's offer. A contract does not come off with the entrance of this confirmation e-mail.

4.1.4.5 TeamSpeak accepts the customer's offer by making the software solution available for download in the customer area of the customer account. With the provision of the software solution, a binding contract is concluded between the customer and TeamSpeak for the use of the software solution in the "ATHP" license model.

4.1.4.6 TeamSpeak will send a confirmation email to the email address provided during registration, summarizing the main content of the contract, to the customer.

4.1.5 "Software Development Kit" (hereinafter referred to as "SDK"): The contract for the paid use of the license model "SDK" is concluded by individual conclusion of a contract with the Customer.

4.1.5.1 The customer shall contact TeamSpeak by e-mail at ts3sdk@teamspeak.com or by telephone at +49 8825 920200-0.

4.1.5.2 TeamSpeak shall send the customer an offer for the services requested by the customer in text form to the e-mail address provided by the customer. With this e-mail TeamSpeak makes a binding offer to conclude a contract under the conditions stated in the e-mail.

4.1.5.3 Acceptance of TeamSpeak's offer by the customer in text form constitutes a binding contract for the use of the "SDK" license model.

### 5. Conclusion of a contract for the provision of server space

5.1 The customer is forwarded via Teamspeak.com to the internet presence of the third party provider.

5.2 A contract conclusion comes about in the case of the switching of server places offered by a third party exclusively between the customer and the respective third party. It is strongly recommended that the customer obtain information from the third party about the conclusion of the contract and, if applicable, its general terms and conditions.

### 6. Conclusion of the contract about the licensing of the client

6.1 A contract on the licensing of the client is concluded as follows:

6.1.1 The customer clicks the "Download" button on TeamSpeak.com. The customer is redirected to a subpage that shows an overview of the client versions to be downloaded (Windows, Linux and MacOS as well as for mobile devices).

6.1.2 The Customer selects the version corresponding to his requirements and presses the button marked "Download" which is displayed next to the version of the Client he has selected. The customer has the possibility to cancel the download process at any time by closing his browser window or ending the process.

6.1.3 If Windows, Linux or MacOS versions are selected, the customer submits a binding offer to conclude the contract by pressing the button marked "Download". TeamSpeak accepts this offer by providing the client for download by teamspeak.com or the referring websites, so that a binding contract is concluded between TeamSpeak and the client.

6.1.4 If a version of the Client is selected for mobile devices, the Customer will be redirected to the Internet pages of third parties "Apple AppStore" (iOS) or "Android Market" (Android) and can purchase these there in accordance with the conditions of the respective third party provider. The customer is strongly advised to inform himself about the conclusion of the contract and the general terms and conditions of the third party provider.

### 7. Conclusion of a contract concerning the uploading and downloading of Add Ons

7.1 TeamSpeak only provides the platform for uploading and downloading add-ons. The contract for the use of the respective add-on is concluded exclusively between the customer who uploads the add-on and the customer who downloads the add-on.

7.2 To upload Add Ons, Customer must register for a Customer Account as a Developer (hereinafter referred to as "Developer Account").

7.3 To do this, the customer presses the button labeled "MyTeamSpeak" and the button labeled "Register" on the underside of the screen that appears.

7.4 The Customer fills in the registration form displayed with the e-mail address and password and clicks the button marked "Register".

7.5 TeamSpeak will send a confirmation email with a confirmation link to the customer.

7.6 The customer activates the confirmation link contained in the e-mail and is taken to his customer account under the menu item "Dashboard".

7.7 The customer presses the button in his customer account with the inscription "Become a developer". By entering their name and mobile phone number, the customer fills out a registration form and clicks the button labeled "Send confirmation code".

7.8 TeamSpeak will send a confirmation code with a limited validity period to the mobile phone number provided by the customer.

7.9 The customer enters the confirmation code in the form field provided and presses the button marked "confirm".

7.10 To download Add Ons, the customer does not need to register for a customer account. Downloading is possible free of charge and without registration on the "MyTeamSpeak" subpage.

7.11 Only such add-ons in connection with the "TS 3 Client" and "TS 5 Client" and the respective mobile applications for iOS and Android that can be downloaded from the website myteamspeak.com may be used.

### 8. Conclusion of the contract on the use of the forum

8.1 The Customer shall press the button marked "Forum" and then the button marked "Register".

8.2 The Customer shall complete the registration form displayed after pressing the "Register" button.

8.3 After filling in the registration form, the Customer clicks the button labeled "Complete Registration". He can correct his data at any time until he clicks the "Complete Registration" button or cancel the registration by closing his browser window or clicking the "Back" button on his browser.

8.4 The customer shall receive a confirmation of receipt from TeamSpeak containing a confirmation link. This confirmation of receipt does not constitute an offer on the part of TeamSpeak to conclude a contract, but merely serves to verify the customer's data.

8.5 The customer can click on the confirmation link and then register for his customer account. By activating the confirmation link, the customer makes a binding offer to use the forum free of charge.

8.6 TeamSpeak accepts the customer's offer by providing the customer account, so that a binding contract is concluded.

## B. Special provisions for the respective contracts for individual services

### 9. Licence fees for the use of the software solutions

9.1 Royalties under the "ATHP" licensing model

9.1.1 For the use of the software solution in the license model "ATHP", a lump-sum basic fee as well as use-dependent current license fees are to be paid.

9.1.2 The basic fee is a lump sum of 50 dollars and is due once upon conclusion of the contract.

9.1.3 The amount of current licence fees for the granting of licences in the "ATHP" licence model shall be determined on the basis of the actual use of the number of slots per calendar day. For this purpose, the number of slots used is transmitted daily by the virtual server to a server operated by TeamSpeak. The customer undertakes not to take any action against TeamSpeak that is likely to prevent such transmission or alter the transmission result. The current license fees are due ten working days after receipt of the invoice by the customer.

9.1.4 A minimum license fee shall be deemed agreed between the customer and TeamSpeak. For the first year of licence use, this amounts to the licence fee for the use of 200 slots used and for each subsequent year of licence use, the licence fee for the use of 1,000 slots used. If the minimum license fee is not reached, the customer must nevertheless pay license fees in the amount of the minimum license fee.

9.2 Unless otherwise agreed between the customer and TeamSpeak, the license fees stated in the service description for the respective license model shall be deemed agreed.

9.3 TeamSpeak is entitled to change the license fees in the course of further development of the software solutions or for reasons of adaptation to the market situation.

9.4 In the event of a price adjustment, a list with the changed prices will be sent to the customer in text form.

9.5 The customer has the option to terminate the license agreement without notice within a period of four weeks commencing with the receipt of the message referred to in Section 9.4 of these General Terms and Conditions.

9.6 The customer has the possibility to object to the price adjustment within a period of four weeks beginning with the receipt of the message referred to in section 9.4 of these General Terms and Conditions. In the event of an objection by the customer, TeamSpeak shall be entitled to terminate the contract extraordinarily within a period of four weeks beginning with the receipt of the objection by TeamSpeak.

### 10. Prices and terms of payment for the licensing of the software solutions

10.1 All prices or price quotations quoted by TeamSpeak are always in the form of US dollars, even in the absence of an express currency indication, unless otherwise agreed between the parties.

10.2 All prices or price quotations are exclusive of the applicable value added tax and any further public charges.

10.3 When ordering via Teamspeak.com, the customer only has access to the payment options indicated under the menu item "Pay", whereby TeamSpeak expressly reserves the right to reject a payment method selected by the customer in the contract offer.

10.4 In the case of telephone orders or orders placed by e-mail, fax or post, payment by bank transfer shall be agreed as advance payment unless otherwise agreed, whereby TeamSpeak's remuneration shall become due upon conclusion of the contract, i.e. the customer shall be obliged to pay the remuneration in advance.

10.5 If payment on account has been agreed, payment shall be due within fourteen working days of receipt of the invoice by the Customer.

10.6 TeamSpeak shall be entitled to perform or provide outstanding services only against advance payment or security if, after conclusion of the contract, it becomes aware of circumstances which could significantly reduce the creditworthiness of the customer and which endanger the payment of TeamSpeak's outstanding claims by the customer arising from the respective contractual relationship (including from other individual orders).

### 11. Termination of license agreements for the software solutions

11.1 The contracts for the licensing of software solutions have the contract term stated in the service description (hereinafter referred to as the "minimum contract term"), i.e.

11.1.1 The contract for the "Unlicensed" license model has no fixed contract term. The license model can be used by the customer at any time as long as TeamSpeak offers this license model.

11.1.2 The contract for the "NPL" licensing model has a minimum term of six months.

11.1.3 The contract for the "AAL" licence model has a minimum term of twelve months.

11.1.4 The contract for the "ATHP" licence model has a minimum term of twelve months.

11.1.5 The contract for the license model "SDK" has the individually agreed minimum contract term.

11.2 The Contract shall be automatically extended by the minimum Contract Term if neither party terminates the Contract at the end of the minimum Contract Term. With the license model "NPL", the contract is only automatically extended if the customer has used the software solution within a period of one month before the end of the minimum contract term; otherwise the contract ends automatically with the end of the minimum contract term.

11.3 The license agreement may be terminated by the customer at any time at the end of the minimum contract term without notice. TeamSpeak may terminate the License Agreement at any time subject to a notice period equal to half the period of the minimum contract term to the end of the minimum contract term.

11.4 The right of both parties to extraordinary termination remains unaffected. TeamSpeak is entitled to an extraordinary right of termination, in particular under the conditions set out in Section 11.5 of these GTC.

11.5 In particular, TeamSpeak has a right of extraordinary termination,

11.5.1.1 if the Customer defaults on two consecutive payments due for the Licensing.

11.5.1.2 if the customer repeatedly falls below the minimum license fee in the case of a contract for the license model "ATHP".

11.5.1.3 if the customer repeatedly violates his obligations under the license agreement, including these GTC, despite a warning and the violations are not insignificant.

11.5.1.4 if the customer repeatedly breaches its essential obligations under this contract despite a warning from TeamSpeak and is responsible for the breach.

11.5.1.5 if the customer has chosen the license models "Unlicensed" or "NPL" without the property as a consumer or non-commercial grouping being present or this property having subsequently ceased to exist. In this case we reserve the right to claim damages.

11.6 Each termination requires the text form.

### 12. Obligations of the customer when using the client

12.1 The customer himself is obliged to undertake data back-ups at regular intervals. TeamSpeak is not responsible for any loss of data resulting from a breach of this obligation. This does not apply if TeamSpeak is responsible for the violation.

12.2 Furthermore, the customer is obliged to use programs corresponding to the current technical standard against viruses and other malicious software.

12.3 Updates to the Standard Software will be provided free of charge when and as they become available. The customer is obliged in his own interest to install updates of the client immediately after their publication. Otherwise the usability of the client may be restricted.

### 13. Termination of the client licensing agreements

13.1 The Customer may terminate the Client Licensing Agreement at any time by removing the Client from any of the Customer's end devices.

13.2 The right to extraordinary termination without notice of both parties remains unaffected.

13.3 Each termination obliges the customer to immediately remove the client from all end devices.

### 14. Publication of contributions in the forum

14.1 The registered customer has the possibility to publish contributions in the area "Community Forum" on myteamspeak.com via the customer area of his customer account.

14.2 In order to publish a new contribution, the Customer uploads the contribution by clicking on the "Post New Thread" button. When replying to a contribution from another customer, the customer clicks the button labeled "Reply To Thread" to publish his reply contribution. The contribution will then be transmitted to TeamSpeak and published by TeamSpeak on myteamspeak.com.

14.3 TeamSpeak does not control contributions prior to publication. TeamSpeak expressly reserves the right to delete individual contributions in the event of a reference to the illegality of a contribution.

14.4 The customer undertakes vis-à-vis TeamSpeak not to publish any contributions that violate the laws of the Federal Republic of Germany or the rights of third parties.

14.5 The customer indemnifies TeamSpeak against all rights of third parties which they may assert against TeamSpeak due to the publication of contributions on Teamspeak.com by the customer. Subject to the customer's consent, TeamSpeak will not make any acknowledgements or other declarations in legal transactions which justify the asserted claims of the third party.

14.6 The indemnity obligation set forth in Section 14.5 of these GTC shall not apply if the circumstances justifying the claims of the third party can be proven to be due to gross negligence or wilful misconduct on the part of TeamSpeak.

14.7 TeamSpeak undertakes, insofar as the customer's obligation to indemnify as stipulated in section 14.5 of these GTC is affected, to inform the customer immediately of any legal action brought against TeamSpeak or of any assertion of claims against TeamSpeak and to give the customer the opportunity to assume legal defence.

### 15. Termination of the user account for the forum

15.1 The customer has the option to have TeamSpeak delete his customer account at any time. For this purpose, the customer sends the deletion request in text form to TeamSpeak. Termination is also possible against a moderator of the forum in text form. TeamSpeak shall delete the customer's forum account immediately upon receipt of the notice of termination. Contributions published by the customer may be deleted or anonymized at TeamSpeak's discretion. With the deletion the contract about the use of the customer account ends.

15.2 TeamSpeak has the right to terminate the contract for the use of the customer account at any time with three months' notice to the end of the quarter of a calendar year.

15.3 The right of both parties to extraordinary termination remains unaffected. A right to extraordinary termination exists in particular if the customer repeatedly violates his obligations under section 14.4 of these GTC despite a warning and the violation is not insignificant.

15.4 Any notice of termination must be in text form.

### 16. Publication of Add Ons

16.1 If the customer is registered as a developer, he has the possibility to upload Add Ons and offer them to third parties for free download.

16.2 In order to upload Add Ons, the customer clicks the button with the label "Upload Add Ons" in the customer area of his customer account. The customer submits the add-ons to be uploaded by him to TeamSpeak by pressing the button labeled "Add Addon".

16.3 TeamSpeak releases the Add Ons on "MyTeamspeak".

16.4 TeamSpeak does not control the uploaded add-ons prior to publication. TeamSpeak also expressly reserves the right to delete individual add-ons in the event of a reference to the illegality of an add-on.

16.5 The customer undertakes not to publish any add-ons to TeamSpeak that violate the laws of the Federal Republic of Germany, the rights of TeamSpeak or the rights of third parties.

16.6 The customer shall indemnify TeamSpeak against all third party rights asserted against TeamSpeak by the customer due to the publication of add-ons on myteamspeak.com by the customer. Subject to the customer's consent, TeamSpeak will not make any acknowledgements or other declarations in legal transactions which justify the asserted claims of the third party.

16.7 The indemnity obligation set forth in Section 16.6 of these GTC shall not apply if the circumstances justifying the claims of the third party can be proven to be due to gross negligence or wilful misconduct on the part of TeamSpeak.

16.8 TeamSpeak undertakes to inform the customer immediately of any legal action taken against TeamSpeak or the assertion of claims against TeamSpeak and to give the customer the opportunity to assume legal defence in the event that the customer's obligation to indemnify is breached in accordance with Section 16.6 of these General Terms and Conditions.

### 17. Termination of the customer account as developer

17.1 The customer has the option of having TeamSpeak delete his customer account as a developer at any time. For this purpose, the customer sends the deletion request in text form to TeamSpeak. TeamSpeak will delete the customer's developer account immediately upon receipt of the termination notice. Add-ons published by the customer will also be deleted immediately. With the deletion the contract about the use of the Developer account ends.

17.2 TeamSpeak has the right to terminate the Developer Account Agreement at any time with three months' notice to the end of the quarter of a calendar year.

17.3 The right of both parties to extraordinary termination remains unaffected. A right to extraordinary termination exists in particular if the customer repeatedly violates his obligations under section 16.5 of these GTC despite a warning and the violation is not insignificant.

17.4 Any notice of termination must be given in writing.

## C. General provisions

### 18. Warranty

18.1 The statutory warranty rights shall apply to consumers.

18.2 The following provisions shall apply to entrepreneurs:

18.2.1 The customer's warranty rights expire within one year. This shall not apply to damages culpably caused by TeamSpeak resulting from injury to life, body or health and damages caused by gross negligence or intent or fraudulent intent, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB (German Civil Code).

18.2.2 A warranty by TeamSpeak is excluded if the defect is due to circumstances caused by TeamSpeak at the express request of the customer.

18.2.3 The strict liability for damages for initial defects according to § 536a Abs. 1 BGB is excluded.

### 19. Liability

19.1 TeamSpeak shall be liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.

19.2 In other cases, TeamSpeak shall be liable - unless otherwise stipulated in Section 19.1 of these GTC - only in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may therefore regularly rely (so-called cardinal obligation). In all other cases, TeamSpeak's liability is excluded subject to the provision in Section 19.1 of these GTC.

19.3 To the extent that TeamSpeak is liable on the merits pursuant to clause 19.1 of these GTC, this liability shall be limited to damages which TeamSpeak foresaw at the time of conclusion of the contract as a possible consequence of a breach of contract or which TeamSpeak should have foreseen if it had exercised due care. Furthermore, indirect damages and consequential damages resulting from deficiencies in TeamSpeak's performance shall only be eligible for compensation if such damages are typically to be expected when the performance is used as intended.

19.4 TeamSpeak's liability for damages resulting from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

### 20. Set-off, rights of retention and assignment

20.1 The customer shall only be entitled to offset claims against TeamSpeak against legally established or undisputed claims. The same applies to the assertion of rights of retention.

20.2 The assignment of claims against TeamSpeak to third parties is only possible with the written consent of TeamSpeak. This applies in particular to the transfer of the license granted by TeamSpeak to third parties.

### 21. Text form

21.1 Amendments and alterations to the agreements made between TeamSpeak and the customer, including these General Terms and Conditions, must be made in text form in order to be effective.

21.2 With the exception of managing directors or authorized signatories, TeamSpeak employees shall not be entitled to enter into any verbal agreements that deviate from these provisions.

### 22. Applicable law and place of jurisdiction

22.1 German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favourability).

22.2 The place of performance for all services arising from business relations with TeamSpeak and the place of jurisdiction shall be the registered office of TeamSpeak, provided that the user is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or if the place of residence or usual abode is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.

22.3 The provisions of the UN Sales Convention expressly do not apply.

#
II. Customer information

## 1. Identity of the provider

TeamSpeak Systems, Inc.
PO Box 211180
Chula Vista
CA91921
USA
Telephone: +1-877-832-6773
Telefax: +1-619-312-4145
E-mail: info@teamspeak.com

## 2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options shall be carried out in accordance with Section B of the General Terms and Conditions (Part I).

## 3. Contract language, contract text storage

The contract language is English.

TeamSpeak does not save the complete contract text. Before sending the respective offer, the offer data can be printed out or electronically saved using the browser's print function. Upon acceptance of the offer by TeamSpeak, the contract data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to the user again by e-mail.

## 4. Essential characteristics of the goods and services

The essential characteristics of the goods and services can be found in the service description and the supplementary information on Teamspeak.com.

## 5. Prices and payment methods

The prices and payment modalities result from the information at the conclusion of the contract as well as from the provisions in point B. of the General Terms and Conditions (Part I).

## 6. Statutory liability for defects

The statutory rights of liability for defects exist vis-à-vis consumers.

## 7. Contract term, termination

You will find information on the term of the contract and the conditions of termination in the respective service description as well as in point B of the General Terms and Conditions.