Terms of Service

1 Acceptance of Terms

By accessing or using the enmacc OTC energy trading platform, Omniflex login services, Virtual Terminal Omniflex, or any related services provided by enmacc ("Services"), you agree to be bound by these Terms of Service ("Terms").

These Terms constitute a legally binding agreement between you and enmacc regarding your use of our Services. If you do not agree to these Terms, you may not access or use our Services.

1.1 Modifications to Terms

enmacc reserves the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

1.2 Additional Terms

Certain features or services may be subject to additional terms and conditions, which will be presented to you when accessing those features. Such additional terms are incorporated by reference into these Terms.

2 Description of Services

enmacc provides innovative solutions for efficient trading of energy commodities in today's dynamic market. Our Services include:

• OTC Energy Trading Platform: Transform your trading with our comprehensive over-the-counter energy trading solutions
• Omniflex Login: Secure authentication and access management for all platform users
• Virtual Terminal Omniflex: Web-based payment processing solution integrated with Worldpay
• OmniFlex from Worldpay: Safely accept any card type wherever you are with our easy-to-use web-payment solution
• Market Analytics: Real-time data and insights for informed trading decisions
• Risk Management Tools: Comprehensive tools to manage and mitigate trading risks

enmacc acts as an official partner of Omniflex Virtual Terminal, providing seamless integration between energy trading and payment processing capabilities.

3 User Eligibility

To use our Services, you must meet the following requirements:

1. Be at least 18 years of age or the age of majority in your jurisdiction
2. Have the legal capacity to enter into binding contracts
3. Be a registered business entity for commercial trading services
4. Provide accurate and complete registration information
5. Not be prohibited from using the Services under applicable laws

3.1 Business Verification

For access to our OTC energy trading platform and Omniflex Virtual Terminal services, we may require verification of your business credentials, including but not limited to:

• Business registration documents
• Proof of identity for authorized representatives
• Financial documentation as required by regulations
• Trading licenses where applicable

4 Account Terms

4.1 Account Registration

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your Omniflex login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. enmacc implements industry-standard security measures, but cannot guarantee absolute security. You agree not to:

• Share your login credentials with third parties
• Use another user's account without authorization
• Attempt to bypass security measures

5 Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not:

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or manipulative trading practices
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any systems
• Use the Services for money laundering or terrorist financing
• Transmit viruses, malware, or other harmful code
• Collect user information without consent
• Use automated systems to access the Services without permission

5.1 Trading Conduct

When using our OTC energy trading platform, you agree to:

• Conduct all trades in good faith
• Honor all confirmed transactions
• Maintain adequate funds or collateral for your positions
• Comply with all applicable energy trading regulations

6 Intellectual Property Rights

6.1 enmacc Property

All content, features, and functionality of the Services, including but not limited to:

• The enmacc name, logo, and branding
• Software, code, and technical implementations
• User interface designs and layouts
• Trading algorithms and methodologies
• Documentation, tutorials, and educational materials
• Market data compilations and analytics

are owned by enmacc or its licensors and are protected by international copyright, trademark, patent, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, enmacc grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

6.3 Restrictions

You may not:

• Copy, modify, or distribute any part of the Services
• Reverse engineer or decompile any software
• Remove any copyright or proprietary notices
• Create derivative works based on the Services
• Sublicense or resell access to the Services

6.4 Trademarks

enmacc, Omniflex, Virtual Terminal Omniflex, and related marks are trademarks of enmacc or its partners. You may not use these marks without prior written permission.

7 Limitation of Liability

7.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENMACC SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Trading losses or market fluctuations
• Service interruptions or system failures
• Errors in market data or analytics
• Third-party actions or omissions

7.3 Cap on Liability

In no event shall enmacc's total liability exceed the greater of (a) the fees paid by you in the twelve (12) months preceding the claim, or (b) €1,000.

8 Indemnification

You agree to indemnify, defend, and hold harmless enmacc and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your trading activities on our platform
• Any content you submit or transmit through the Services
• Your breach of any applicable laws or regulations

9 Termination

9.1 Termination by You

You may terminate your account at any time by contacting our support team at support@enmacc.de.com or through your account settings.

9.2 Termination by enmacc

enmacc may suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach any provision of these Terms
• We are required to do so by law
• We suspect fraudulent or illegal activity
• Your account has been inactive for an extended period
• We discontinue the Services

9.3 Effects of Termination

Upon termination:

• Your right to access the Services will immediately cease
• You must settle all outstanding obligations
• Provisions that should survive termination will remain in effect
• We may retain your data as required by law

10 Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

10.2 Jurisdiction

Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts located in Munich, Germany.

10.3 Dispute Resolution

Before initiating any legal proceedings, you agree to attempt to resolve disputes through:

1. Informal Resolution: Contact us at support@enmacc.de.com to discuss the issue
2. Mediation: If informal resolution fails, participate in good-faith mediation
3. Arbitration: Binding arbitration under ICC rules, with the seat in Munich

10.4 Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class arbitrations.

10.5 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

10.6 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and enmacc regarding the Services.

11 Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: support@enmacc.de.com
• Phone: +49 89 215 415 00
• Address: Ridlerstraße 57, 80339 München, Deutschland
• Website: enmacc.de.com

For legal notices, please send correspondence to our registered address with "Legal Department" in the attention line.