1. Company Information

These Website Terms & Conditions (“Terms”) are a legally binding agreement between you (“you”, “User”, “Customer”) and:

WYND Capital GmbH
Schöne Aussicht 24
22085 Hamburg
Germany
Email: info@wynd.world
(“WYND”, “we”, “us”, “our”).

These Terms govern your access to and use of the WYND website(s), booking flows, portals, and related digital services (collectively, the “Platform”).

 

2. What These Terms Cover

These Terms apply when you:

• visit or use the Platform,
• create an account,
• request or book WYND experiences (including WYND Discovery and yacht experiences),
• use membership features,
• purchase or use the WYND Utility Token(if offered via the Platform),
• access information related to regulated investment products (where applicable).

Important: WYND’s ecosystem includes different legal domains (Services / Utility Token / Investments). Therefore, these Terms operate as the master “roof” document, and additional legal documents apply depending on what you do (Section 4).

 

3. Definitions

For the purposes of these Terms:

• “Activity” means a date-specific leisure service such as a Discovery Week, yacht trip, retreat, event, or similar.
• “Booking” means a confirmed reservation for an Activity.
• “Consumer” means a natural person acting outside their trade, business, craft, or profession (where applicable).
• “Legal Documents” means these Terms plus the other legal documents listed in Section 4.
• “Utility Token” means the WYND Utility Token ($WYND), issued by WYND Capital GmbH, intended as utility/access.
• “Regulated Investments” means bonds, security tokens, or other regulated financial instruments (if referenced).
• “Investment Documents” means the legally binding prospectus/offering memorandum, PRIIPs KID (if applicable), subscription agreement, and mandatory statutory investor information.

 

4. Legal Documents and Separation of Legal Domains (Very Important)

WYND operates a structured legal framework. Depending on your use, the following documents apply:

1. Website Terms & Conditions (these Terms)– master document for Platform usage and general rules.
2. Privacy Policy– data processing, cookies, rights, and security.
3. Booking & Cancellation Policy– bookings, cancellations, rescheduling, no-show, payment disputes for Activities.
4. Token Terms of Use– rules for the WYND Utility Token ($WYND) (utility, staking, wallet risk, discount logic).
5. Investment Legal Hub– informational page describing the legal framework for regulated investments and pointing to Investment Documents.

4.1 Order of Precedence

If any inconsistency exists, the following order of precedence applies:

1. Investment Documents(only for regulated investments)
2. These Terms
3. Booking & Cancellation Policy(for Activities)
4. Token Terms of Use(for $WYND)
5. Privacy Policy

Website content (FAQs, marketing pages, presentations, social posts) does not override the Legal Documents.

 

5. Eligibility and Acceptable Use

You must:

• be at least 18 years old,
• have legal capacity to enter contracts,
• provide accurate and complete information,
• comply with applicable laws (including travel rules, sanctions laws, AML requirements where applicable).

You agree not to:

• use the Platform for unlawful purposes,
• misrepresent identity, eligibility, or authority,
• attempt to gain unauthorized access, scrape, reverse engineer, disrupt, or exploit the Platform,
• upload malware, harmful code, or conduct attacks (DDoS, credential stuffing),
• use WYND branding or content without permission (see Section 14).

We may restrict or refuse access where reasonably necessary for security, compliance, capacity, or community integrity.

 

6. Accounts, Credentials, and Security

Certain functions require an account.

You agree to:

• keep login credentials confidential,
• notify us immediately if you suspect unauthorized access,
• maintain current contact details.

You are responsible for all activity under your account unless caused by WYND’s fault. WYND may suspend or terminate accounts in cases of suspected fraud, abuse, legal violations, or security risk.

 

7. Platform Availability, Updates, and Changes

We aim to keep the Platform available, but availability is not guaranteed. We may:

• perform maintenance,
• change features,
• improve security,
• modify user flows,
• discontinue features.

Where required by law, we will provide notice and/or obtain consent for material changes.

 

8. Experiences and Bookings (High-Level)

Activities are date-specific leisure services. Booking rules, cancellations, no-show policy, and payment dispute handling are defined in the Booking & Cancellation Policy and your booking confirmation.

The Activity description and booking confirmation define inclusions, exclusions, and requirements.

 

9. Utility Token (High-Level)

If the Platform offers utility token access:

• the WYND Utility Tokenis a utility/access instrument,
• it is notan investment product and includes no promise of profit or repayment,
• token-specific rights and obligations are governed exclusively by the Token Terms of Useand referenced token documentation.

 

10. Regulated Investments (High-Level; No Substantive Rights Here)

If the Platform references regulated investment products:

• they are governed exclusivelyby the Investment Documents of the respective issuer,
• Platform content is marketing communication / general information only,
• nothing on the Platform constitutes investment advice, a recommendation, or a solicitation.

Any withdrawal/termination rights and risk factors are described only in the Investment Documents.

 

11. Pricing, Fees, Taxes (General)

Prices and fees are presented in the relevant checkout/subscription flow. Unless stated otherwise:

• payments must be completed before access is granted,
• you are responsible for bank/FX fees and third-party processing fees.

WYND may use third-party payment processors. Fraud prevention checks may be applied.

 

12. Community Standards, Safety, and Conduct

You agree to:

• behave respectfully,
• comply with safety instructions and crew guidance (if applicable),
• follow local laws and regulations.

We may remove participants from Activities or restrict Platform access for serious misconduct, including harassment, violence, discrimination, illegal drugs/weapons, or endangering behavior. Refund eligibility is determined by the Booking & Cancellation Policy and mandatory law.

 

13. User Content

If the Platform allows user-generated content (comments, posts, uploads):

• you retain ownership,
• you grant WYND a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute such content as necessary to operate the Platform.

You must not upload unlawful, infringing, defamatory, deceptive, or harmful content.

 

14. Intellectual Property

All Platform content (text, design, logos, trademarks, media) is owned by or licensed to WYND. You may not:

• copy, scrape, reproduce, republish, distribute, sell, or exploit the Platform content,
• use our brands without prior written consent,
• reverse engineer the Platform.

 

15. Third-Party Services

The Platform may integrate third-party services (payments, analytics, booking tools, customer support). Third-party terms may apply. WYND is not responsible for third-party services beyond mandatory law.

 

16. Disclaimers

To the maximum extent permitted by law:

• the Platform is provided “as is” and “as available,”
• we do not guarantee uninterrupted availability or error-free operation,
• content may be updated and may not always be complete.

Nothing in these Terms limits liability where prohibited by law.

 

17. Limitation of Liability

To the maximum extent permitted by law:

• WYND is liable only for intent and gross negligence,
• for slight negligence, liability is limited to breaches of essential contractual obligations and to foreseeable, contract-typical damages.

WYND is not liable for:

• loss/theft of personal belongings,
• third-party acts/services,
• force majeure events,
• user misuse of the Platform,
• blockchain/network issues affecting token interactions (see Token Terms).

 

18. Indemnity

You agree to indemnify and hold WYND harmless from claims, damages, and expenses (including reasonable legal fees) arising from:

• your unlawful use of the Platform,
• your breach of these Terms,
• your violation of third-party rights.

 

19. Suspension and Termination

We may suspend or terminate access for security, compliance, fraud prevention, or breach of these Terms. Provisions intended to survive termination (e.g., liability, IP, governing law) remain in effect.

 

20. Notices and Communications

Legal notices to WYND must be sent to: info@wynd.world.
We may send notices to you electronically (email or Platform).

 

21. Governing Law and Jurisdiction

These Terms are governed by German law.
Jurisdiction (where permissible): Hamburg, Germany.

 

22. Severability

If any provision is invalid, the remaining provisions remain effective.