Right of Withdrawal

The right of withdrawal set out below is available exclusively to consumers. A consumer is any natural person who concludes the contract for purposes that are predominantly outside their trade, business or self-employed professional activity.

By its design, the offering of TORCHTECHNOLOGY LTD is directed at entrepreneurs (business customers) within the meaning of Article 2(2) of Directive 2011/83/EU, that is, at natural or legal persons acting for purposes relating to their trade, business, craft or profession. Entrepreneurs have no statutory right of withdrawal; nor is any such right granted contractually. In the ordering process you state whether you are concluding the contract in the exercise of a commercial or self-employed professional activity; however, only the objective circumstances of the conclusion of the contract are decisive for your legal classification as a consumer or as an entrepreneur. Invoking consumer rights never results in any disadvantage for your account.

If you concluded the contract as a consumer, this withdrawal policy applies without restriction for your benefit. Mandatory consumer protection provisions of the law of your habitual residence remain unaffected in any event.

This policy applies to all contracts concluded at a distance via torchtechnology.de, in particular to chargeable subscriptions (Launch, Growth, Business), to the free 7-day trial, to individual credit top-ups (pay-as-you-go) as well as to the ongoing usage-based billing after the monthly credit allowance has been consumed. It applies to individually agreed contracts (Agency plan) insofar as these are concluded at a distance.

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period is fourteen (14) days from the day of the conclusion of the contract. The contract is concluded upon our confirmation in text form, at the latest upon the activation of your access; we expressly state the relevant date of conclusion of the contract in the confirmation email. In the case of contracts for the supply of digital content and digital services that are not supplied on a tangible medium, the period likewise begins on the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

TORCHTECHNOLOGY LTD, a private company limited by shares under the law of the Republic of Cyprus, company registration number HE 496008, registered office: 25 Martiou 27, D. Michael Tower, Flat/Office 105A, Egkomi, 2408 Nicosia, Republic of Cyprus, email: hello@torchtechnology.de, website: torchtechnology.de

of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an email). For this purpose you may use the model withdrawal form reproduced in Section 8, although its use is not mandatory.

No telephone line is available for receiving withdrawal declarations; please use email or post. You may also declare your withdrawal via the corresponding function in your account; we will confirm receipt of your declaration to you without undue delay on a durable medium.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Each legally independent contract triggers its own withdrawal period. This applies in particular to each individual credit top-up (pay-as-you-go), which is concluded as a separate contract. By contrast, the automatic monthly renewal of an existing subscription does not constitute a new conclusion of contract and therefore does not set a new withdrawal period running.

If you withdraw from this contract, we must reimburse to you all payments received from you without undue delay and no later than fourteen (14) days from the day on which we receive the communication of your withdrawal from this contract.

For such reimbursement we will use the same means of payment as you used for the original transaction (as a rule the payment method stored with our payment service provider Stripe), unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of such reimbursement.

Any compensation for value owed by you pursuant to Section 4 will be offset against the reimbursement claim.

Upon the withdrawal taking effect, your access to the platform ends. We will reimburse the purchase price attributable to unused credits in accordance with paragraphs 1 to 3; no payout of credits as such takes place. The rights of use in those contents for which you owe compensation for value pursuant to Section 4 remain permanently with you. In all other respects, you may not continue to use the contents generated on the basis of the withdrawn contract after the withdrawal and may not make them available to third parties. There is no obligation to remove or recall contents already published.

If you requested that the services or digital services should begin during the withdrawal period, you must pay us an amount which is in proportion to what has been provided until you have informed us of the exercise of the right of withdrawal in respect of this contract, in comparison with the full coverage of the contract.

The compensation for value is calculated on the basis of the total price agreed in the contract. If the agreed total price is excessive, the compensation for value is calculated on the basis of the market value of the performance provided.

The compensation for value is calculated on a pro rata temporis basis. What is decisive is the ratio of the contract time elapsed up to receipt of your withdrawal declaration to the total duration of the respective billing period, based on the agreed total price (in the case of a monthly subscription, therefore, 1/30 of the monthly price for each day commenced). The volume of credits consumed by you is disregarded in this respect. A different rule applies only to separately priced individual services which we have provided in full from the outset at your express request – for example a separately purchased credit top-up which you have already consumed in full; in that case the compensation for value is measured by the price of that individual service.

If you withdraw from the subscription contract, you are also no longer bound by related contracts for credit top-ups. For top-up credits that you have already consumed by the time your withdrawal declaration is received, you owe compensation for value in the amount of the purchase price attributable to those credits; we will reimburse the amount attributable to unused top-up credits in accordance with Section 3.

You owe no compensation for value if we did not properly inform you of your right of withdrawal or if you did not expressly request the early commencement of performance.

This Section applies – with the exception of the final paragraph – exclusively to contracts for the supply of individual digital content against payment of a price, that is, to the separate acquisition and retrieval of a specific file (e.g. an individual image or text result). For the subscription and for credit top-ups, the final paragraph of this Section applies.

In the case of such contracts, your right of withdrawal lapses early if all of the following conditions are met: (1) we have begun the performance of the contract, that is, the supply of the digital content; (2) you have expressly consented to our beginning the performance of the contract before the expiry of the withdrawal period; (3) you have acknowledged that you thereby lose your right of withdrawal upon the commencement of the performance of the contract; and (4) we have provided you with a confirmation of the contract on a durable medium, as a rule by email, documenting that consent and acknowledgement.

We obtain this consent and acknowledgement in the ordering process by means of a separate checkbox that is not pre-ticked. If you do not give this consent, we will nevertheless make the services available to you immediately and in full. In that case your right of withdrawal remains in place in full; if you withdraw, you owe merely compensation for value pursuant to Section 4 for the services used up to the receipt of your withdrawal declaration. You incur no disadvantage by refusing consent.

In practice, this early lapse concerns exclusively the separate acquisition, retrieval and download of individual outputs (listings, images, advertising and social formats, trend analyses).

In the case of service contracts, the right of withdrawal further lapses where we have fully performed the service and began performance only after you had given your express consent thereto and had at the same time acknowledged that you would lose your right of withdrawal upon full performance of the contract by us.

Clarification regarding the subscription and credit top-ups: The subscription (Launch, Growth, Business, Agency) and credit top-ups constitute digital services. In this respect, your right of withdrawal lapses only where we have fully performed the service and where we began performance only after you had expressly consented and had acknowledged that you would lose your right of withdrawal upon full performance of the contract. In the case of an ongoing monthly subscription, performance is as a rule not yet complete before the expiry of the withdrawal period; your right of withdrawal then remains in place in full. In that case you owe merely compensation for value pursuant to Section 4. Neither the use of the platform, nor the retrieval of outputs, nor the mere crediting of credits causes the right to lapse. In the case of a credit top-up, the right of withdrawal lapses only to the extent that the topped-up credits have actually been consumed in full with your express consent and in the knowledge of the loss of that right; for unused credits the right of withdrawal remains in place, and the amount attributable to them will be reimbursed.

Insofar as the right of withdrawal has not lapsed pursuant to this Section, it remains in place in full; the rules on compensation for value under Section 4 then apply accordingly.

Free trial: The 7-day trial is free of charge for you (EUR 0) and comprises 300 credits, which expire after 7 days. A means of payment is stored in order to prevent misuse; no charge is made during the trial. Since no payment is owed during the trial, you incur no cost risk if you withdraw within the trial period. You may also end the trial at any time before its expiry without any chargeable subscription commencing.

Subscription: The withdrawal period for the subscription begins on the day the contract is concluded, that is, on the day you order the trial. Since no price is payable during the trial, your right of withdrawal cannot lapse under Section 5 as a result of your use of the trial. Irrespective of this, we contractually grant you an additional right of withdrawal of 14 days from the day of the first charge to your means of payment following conversion into the chargeable subscription; Sections 2 to 4 apply accordingly to its exercise and effects. The automatic monthly renewal does not set a new period running; irrespective of this, the subscription may be terminated on a monthly basis.

Credits: Monthly subscription credits expire to the extent that they are not used within the following month (carry-over of one month). Purchased pay-as-you-go credits do not expire; if the contract ends before they have been consumed, you may still redeem them for a further 30 days or instead request reimbursement of the purchase price attributable to the unused top-up credits (Section 19.6 of the Terms of Service (AGB)). Credits are tied to the account, are non-transferable and cannot be paid out in cash; in the event of an effective withdrawal, the price paid will be reimbursed in accordance with Sections 3 and 4.

Continued usage-based billing: If your monthly credit allowance has been used up, use is automatically billed on a continued usage basis only where you have expressly consented thereto in the ordering process or in the account settings. Each such top-up is a separate contract with its own withdrawal period; the final paragraph of Section 5 applies accordingly. We confirm each automatic top-up to you by email without undue delay; you may deactivate automatic continued billing at any time in your account with effect for the future.

Dispute resolution: The online dispute resolution platform (ODR platform) operated by the European Commission was discontinued with effect from 20 July 2025 and is no longer available. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Please address any concerns directly to hello@torchtechnology.de in the first instance; we are interested in reaching an amicable solution. Access to the competent state courts remains unaffected.

Service information: For swift processing, we recommend sending your withdrawal declaration by email to hello@torchtechnology.de; you will receive an acknowledgement of receipt from us without undue delay.

Relationship to the Terms of Service (AGB): This withdrawal policy supplements our Terms of Service (AGB). In the event of contradictions between this policy and the Terms of Service (AGB), the provisions of this withdrawal policy and the mandatory statutory provisions prevail in relation to consumers.

Language versions: If the contract is initiated and concluded in the German language, the German version of this withdrawal policy is authoritative; if it is initiated and concluded in the English or Spanish language, the respective English or Spanish version is authoritative. We ensure that all language versions are consistent in substance.

Applicable law: The contract is governed by the law of the Republic of Cyprus, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. As a consumer, you additionally enjoy the protection of the mandatory provisions of the law of the state in which you have your habitual residence; this choice of law cannot deprive you of that protection.

If you wish to withdraw from the contract, please complete this form and send it back. The use of this form is not mandatory.

To: TORCHTECHNOLOGY LTD, 25 Martiou 27, D. Michael Tower, Flat/Office 105A, Egkomi, 2408 Nicosia, Republic of Cyprus, email: hello@torchtechnology.de

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*) / the supply of the following digital content (*): _______________

Ordered on (*): _______________

Name of consumer(s): _______________

Address of consumer(s): _______________

Email address of the account (for allocation purposes, voluntary): _______________

Signature of consumer(s) (only if this form is notified on paper): _______________

Date: _______________

(*) Delete as appropriate.