These Terms of Use (“Terms”) govern the contractual relationship between the purchaser and participant (“Participant”) of the Certified Digital Asset Valuator Self-Study Course (“CDAV Course”) and EACVA GmbH, Dieselstr. 2, 63165 Mühlheim am Main, Germany (“EACVA”). By purchasing the CDAV Course, the Participant agrees to these Terms in their entirety.

1. Scope of Application

1.1 These Terms apply to the purchase of and participation in the CDAV Course, including access to the CDAV Memberspot Community (“Community”) and the provision of personalised learning materials.

1.2 Any deviating general terms and conditions of the Participant shall not apply, even if EACVA does not expressly object to them.

1.3 Ancillary agreements to these Terms are only effective if made in text form (Textform within the meaning of § 126b German Civil Code (BGB)) between both parties. Unilateral reservations or conditions made in connection with the purchase shall not become part of the contract.

2. Subject Matter of the Contract

2.1 Upon purchase, the Participant receives:

(a) access to the CDAV Memberspot Community for the duration of the membership; and

(b) personalised learning materials, which are individually watermarked and uniquely assigned to the Participant.

2.2 The learning materials are provided to the Participant under a limited licence. The Participant does not acquire ownership of, or any proprietary rights in, the digital content. The Participant is granted a non-exclusive, non-transferable, personal right to use the learning materials solely for his or her own educational purposes for the duration of the membership.

2.3 The scope of the CDAV Course and the Community is described in the information materials available on the EACVA website at the time of purchase.

2.4 EACVA reserves the right to update, modify, or restructure the content of the CDAV Course and the Community at any time, provided that the overall character and educational objectives of the programme are preserved.

2.5 EACVA does not guarantee the passing of any examination associated with the CDAV designation.

3. Contract Formation

3.1 The purchase of the CDAV Course is completed exclusively via the EACVA website (www.eacva.de).

3.2 By completing the purchase, the Participant submits a binding offer to enter into a contract. The contract is concluded upon acceptance by EACVA, which is communicated by confirmation in text form (Textform, § 126b BGB), including by e-mail (“Purchase Confirmation”).

3.3 By completing the purchase, the Participant expressly acknowledges and accepts these Terms.

4. Membership, Fees, and Payment

4.1 The purchase of the CDAV Course includes a membership in the CDAV Memberspot Community. Active community membership is a prerequisite to obtain or maintain EACVA’s Certified Digital Asset Valuator (CDAV) credential.

4.2 Automatic Renewal. The membership shall automatically renew for successive periods of one (1) year each, unless terminated in accordance with Section 5. The renewal date corresponds to the anniversary of the original purchase date (“Renewal Date”).

4.3 Price Adjustments. EACVA may adjust the annual membership fee for future renewal periods. Any price adjustment shall be communicated to the Participant in text form no later than six (6) weeks before the applicable Renewal Date. In the event of a price increase, the Participant shall have a special right of termination in accordance with Section 5.7.

4.4 Payment Method. Payment is processed exclusively via the payment service provider Stripe. The membership fee for each renewal period shall be charged automatically to the Participant’s credit card on file on the respective Renewal Date. By providing credit card details during the purchase process, the Participant authorises EACVA (through Stripe) to charge the applicable membership fees on a recurring basis. The Participant is responsible for ensuring that a valid credit card is on file with EACVA and that the card has not expired or been revoked. In the event that a charge cannot be processed (e.g., due to an expired or declined card), EACVA shall notify the Participant and may suspend access to the Community until payment is received. The processing of payment data by Stripe is subject to Stripe’s own terms and privacy policy.

5. Term and Termination

5.1 Contract Term. The initial membership term begins on the date of purchase and runs for one (1) year until the day preceding the first Renewal Date. Thereafter, the contract automatically renews for successive one-year periods in accordance with Section 4.2.

5.2 Ordinary Termination by the Participant. The Participant may terminate the membership by providing notice in text form (by post or e-mail) or via the link to the customer account at Stripe at least four (4) weeks before the next renewal date of any calendar year. If notice is not received in time, the membership shall continue until the next possible termination date.

5.3 Clarifying Example. If the CDAV Course is purchased on 1 March 2025, the first membership period runs until 28 February 2026, and the membership automatically renews on 1 March 2026 for a second year (until 28 February 2027). If a member does not wish to renew their membership on March 1, 2027, they must give written notice of termination or terminate membership in the customer account (Stripe) at least four (4) weeks before the expiration date.

5.4 No Refunds. Membership fees already paid are non-refundable, regardless of when termination occurs or takes effect. There is no entitlement to a pro-rata refund for any unused portion of a membership period.

5.5 Termination by EACVA for Good Cause. EACVA reserves the right to terminate the membership for good cause with immediate effect, in particular in the event of a material breach of these Terms by the Participant (see Section 7).

5.6 Ordinary Termination by EACVA. EACVA may terminate the membership with three (3) months’ notice to the end of the current membership period, in particular if EACVA decides to discontinue the CDAV Course or the Community. In such a case, the Participant shall be entitled to a pro-rata refund of the membership fee for the unused portion of the current membership period.

5.7 Special Termination Right in Case of Price Increase. If EACVA notifies the Participant of a price increase pursuant to Section 4.3, the Participant may terminate the membership with effect as of the applicable Renewal Date by providing notice in text form within four (4) weeks of receipt of the price adjustment notification. If no termination notice is received, the adjusted fee shall apply from the next Renewal Date.

5.8 Any termination by EACVA shall be communicated in text form (by post or e-mail).

6. Intellectual Property and Copyright

6.1 All learning materials, including but not limited to texts, presentations, videos, templates, and calculation models, provided in connection with the CDAV Course are protected by copyright and, where applicable, by other intellectual property rights. The personalised learning materials are individually watermarked and uniquely assigned to the Participant.

6.2 The licence granted under Section 2.2 is limited to the Participant’s personal educational use. Any reproduction, distribution, public display, modification, or other use of the materials—whether in whole or in part—without the prior express consent of EACVA in text form is strictly prohibited.

6.3 The Participant shall not remove, alter, or obscure any watermark or other identifying mark on the learning materials.

7. Prohibition of Sharing; Contractual Penalty

7.1 The Participant is strictly prohibited from sharing, forwarding, distributing, publishing, or otherwise making available to any third party any learning materials received in connection with the CDAV Course, whether in original, copied, or modified form.

7.2 Contractual Penalty. In the event of a breach of the obligation set out in Section 7.1, the Participant shall pay EACVA a contractual penalty of EUR 5,000.00 (five thousand euros) for each individual instance of infringement. If the Participant is not a merchant (Kaufmann) within the meaning of the German Commercial Code (HGB), the contractual penalty may be reduced by a competent court pursuant to § 343 BGB if it is disproportionately high. The right of EACVA to claim damages exceeding the contractual penalty amount remains unaffected; the contractual penalty shall be credited against any such damages claim.

7.3 Immediate Exclusion. Any breach of Section 7.1 shall additionally result in the immediate exclusion of the Participant from the CDAV Memberspot Community, without prior notice and without any entitlement to a refund of membership fees.

7.4 Criminal Prosecution. EACVA expressly reserves the right to pursue criminal charges under applicable law, including but not limited to the provisions of the German Copyright Act (Urheberrechtsgesetz, UrhG), in the event of unauthorised distribution of the learning materials.

7.5 Presumption of Origin. Given that all learning materials are individually watermarked and uniquely traceable to the Participant, the presence of the Participant’s watermark on materials found in the possession of a third party creates a prima facie presumption (Anscheinsbeweis) that the materials were shared by or with the involvement of the Participant. The Participant is entitled to rebut this presumption by demonstrating circumstances that make it appear equally or more likely that the materials were obtained without his or her involvement.

8. Confidentiality

8.1 The Participant undertakes to treat all information relating to other participants and instructors obtained through the Community as strictly confidential. This obligation shall survive the termination of the membership for a period of two (2) years.

8.2 Content shared within the Community, including discussion posts, Q&A contributions, and supplementary resources, is for the personal use of Community members only and may not be reproduced or shared outside the Community.

9. Right of Withdrawal (Consumers Only)

9.1 Right of Withdrawal. If the purchase of the CDAV Course is not made for commercial or self-employed professional purposes, the Participant, as a consumer within the meaning of § 13 BGB, has the right to withdraw from the contract within fourteen (14) days without giving any reason. The withdrawal period begins upon receipt of the Purchase Confirmation, but not before the conclusion of the contract and not before fulfilment of EACVA’s information obligations pursuant to Article 246a § 1(2) and (3) EGBGB.

9.2 To exercise the right of withdrawal, the Participant must send a clear statement (e.g., a letter or e-mail) to: EACVA GmbH, Dieselstr. 2, 63165 Mühlheim am Main, Germany / E-Mail: info@eacva.de. To meet the withdrawal deadline, it is sufficient to send the notice before the withdrawal period expires.

9.3 Consequences of Withdrawal. In the event of an effective withdrawal, any services already received must be returned and any benefits derived (e.g., interest) must be surrendered. If the Participant has already accessed digital content or used learning materials prior to withdrawal, the Participant may be required to provide compensation for the value received in accordance with § 357a BGB. Reimbursement obligations must be fulfilled within thirty (30) days. The period begins for the Participant upon dispatch of the withdrawal declaration and for EACVA upon its receipt.

9.4 Early Expiry of the Right of Withdrawal. The right of withdrawal expires prematurely if EACVA has begun the provision of digital content (i.e., access to the CDAV Course and the Community) before the expiry of the withdrawal period and the Participant has:

(a) expressly consented to EACVA beginning the provision of the digital content before the expiry of the withdrawal period; and

(b) confirmed his or her knowledge that, by giving such consent, the right of withdrawal is lost upon commencement of the provision of the digital content (§ 356(5) BGB).

9.5 EACVA shall confirm the consent referred to in Section 9.4 to the Participant on a durable medium.

10. Liability

10.1 The CDAV Course is developed and provided by qualified professionals with due care. However, EACVA assumes no liability for the accuracy, completeness, or timeliness of the learning materials.

10.2 EACVA shall only be liable in cases of intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), except in cases involving injury to life, body, or health, where liability also extends to slight negligence. For breaches of material contractual obligations essential for the fulfilment of the contractual purpose (cardinal obligations / Kardinalpflichten), EACVA shall also be liable for slight negligence; in such cases, liability is limited to foreseeable, typically occurring damages and capped at the amount of the membership fee paid for the current membership period.

10.3 Liability for consequential and indirect damages is excluded, except in cases of intent or injury to life, body, or health.

10.4 Claims for damages must be reported to EACVA in text form within six (6) months of the Participant becoming aware of the loss or damage. This shall not apply to claims arising from injury to life, body, or health, or to claims based on intentional or grossly negligent breaches of duty by EACVA.

11. Service Availability and Force Majeure

11.1 EACVA shall use commercially reasonable efforts to ensure continuous availability of the CDAV Course and the Community. However, EACVA does not warrant uninterrupted or error-free access and shall not be liable for temporary unavailability caused by scheduled maintenance, software updates, or circumstances beyond EACVA’s reasonable control.

11.2 EACVA shall be released from its performance obligations for the duration of any impediment caused by force majeure. Force majeure includes, but is not limited to, cyber-attacks, technical infrastructure or hosting failures, governmental orders, pandemic, and any other circumstances beyond EACVA’s reasonable control that materially impede or render impossible the provision of the CDAV Course or the Community. EACVA shall inform the Participant without undue delay of the occurrence and expected duration of any such impediment.

12. Governing Law and Jurisdiction

12.1 These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship with EACVA is Frankfurt am Main, Germany, provided that this jurisdiction clause shall only apply if the Participant is a merchant (Kaufmann) within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a public-law special fund. For consumers, the statutory provisions on jurisdiction shall apply.

13. Data Protection

13.1 EACVA processes the Participant’s personal data (e.g., name, address, e-mail address, payment details) confidentially and in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). The legal basis for the processing of personal data necessary for the performance of the contract is Article 6(1)(b) GDPR.

13.2 During the registration process, the Participant may opt in to receive the EACVA newsletter containing professional information on business valuation and digital asset valuation as well as information on EACVA events. The legal basis for processing the e-mail address for newsletter purposes is the Participant’s consent pursuant to Article 6(1)(a) GDPR. The Participant may revoke consent at any time by e-mail to newsletter@eacva.de, by post to EACVA GmbH, Dieselstr. 2, 63165 Mühlheim am Main, Germany, or via the unsubscribe link at the end of each newsletter. The revocation of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

13.3 EACVA’s full privacy policy is available at www.eacva.de/de/datenschutzerklaerung. A copy may also be requested by post or e-mail at datenschutz@eacva.de.

14. Online Dispute Resolution

14.1 The European Commission provides an online dispute resolution (ODR) platform at https://ec.europa.eu/consumers/odr. EACVA is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

15. Severability

15.1 Should any provision of these Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a provision shall apply that most closely achieves the economic purpose intended by the invalid provision in a legally permissible manner.

15.2 Should any gap arise in these Terms, the parties shall agree upon or accept a provision that corresponds to what they would have agreed upon had they considered the matter at the time of contracting.

Mühlheim am Main, 30 December 2025

EACVA GmbH
Dieselstr. 2, 63165 Mühlheim am Main, Germany
Tel.: +49 (0)6108 97 444 20
E-Mail: info@eacva.de