ToEon General Terms and Conditions (GTC)

I. Scope of Application and Basis of Contract

I.1. Acceptance of the GTC

By accessing or using the website of ToEon https://Aeongraph.io  or the content, products, and services available through it, you agree to comply with these General Terms and Conditions (GTC) and all terms and policies incorporated by reference (collectively, the "Website Terms of Use"). By using or accessing ToEon, you accept these GTC.

I.2. Website Owner

The website is owned by ToEon (operated by ToneTerrace GmbH). Unless otherwise stated, all content on the website is the property of ToEon, its licensors, or external image partners.

I.3. Age Requirements

1. Minimum Age: Individuals under the age of 13 are not permitted to use or access ToEon.
2. Minors (13 to 17 years): Individuals between the ages of 13 and 17 may only use the platform with the express consent of a parent or legal guardian.
3. Contract Conclusion for Minors: If a minor wishes to act as a Creator or Seller, the Account must be created and managed by a parent or legal guardian. The parent/legal guardian concludes the contract for the use of the platform and the sale of content in their own name and represents the child.

 

II. Use, Registration, and Account Security

II.1. Registration Data and Account Security

You agree to enter accurate, current, and complete information ('Registration Data') into the forms and to keep it up to date. You must protect your password and immediately inform ToEon of any unauthorized use of your account. You bear full responsibility for all activities conducted through your account.

II.2. Prohibited Use of the Website

You may use the website or its content exclusively for purposes related to your business relationship with ToEon. In particular, the following are not permitted:

• Using data mining technologies, robots, or similar data gathering methods.
• Manipulating or otherwise displaying the website or ToEon content using framing technology.
• Reverse engineering, altering, or modifying parts of the website or ToEon content.
• Bypassing or disabling security features of the website.
• Selling, licensing, or otherwise commercially exploiting the website without express written permission.Unauthorized use may violate copyright, trademark, and data protection laws, among others. You declare and warrant that you will comply with the provisions of applicable law.

II.3. Verified Profile

ToEon strives to diligently carry out the verification process but expressly does not guarantee the accuracy, completeness, or timeliness of the verified identity information. ToEon reserves the right to withdraw the verification status in the event of well-founded suspicion of deception or violations of these GTC.

 

III. Interactive Areas, User Content, and Communication

This section governs the use of all communication features (Chat) and upload possibilities (User Content) on the platform.

III.1. ToEon Chat Function

• • Contact Request (Request): The chat function allows messages to be sent. However, sending a message requires the sender to first send a contact request ("Request") to the recipient. Communication is only possible after the recipient has explicitly accepted this request.
• • Responsibility: You are solely responsible for the content of all messages sent via the ToEon Chat.
• • Moderation: ToEon does not monitor chat communication. However, ToEon reserves the right, in the event of concrete suspicion of a violation of these GTC (e.g., following a user report regarding spam, harassment, or illegal content), to access and review the communication data to ensure the platform's security, clarify the reported violation, and comply with legal obligations. ToEon is not obliged, but entitled, to intervene in chat disputes.
• • Prohibited Use: The Chat may not be used to disseminate illegal content, spam, unsolicited advertising, or to harass other users.

III.2. User Content (Uploads/Postings)

• • Liability for User Content: The use of the upload and comment functions is at your own risk. You are solely responsible for all content ("User Content") (texts, photos, videos, etc.) that you create, post, or store on the website.
• • ToEon Disclaimer: ToEon assumes no responsibility or liability for User Content posted by you or third parties, particularly not for its loss or damage or for errors, insults, or misrepresentations you may encounter.

III.3. Prohibited Content and Consequences of Violations

• • Prohibited Content: You may not disseminate content via Chat, uploads, or comments that:

- Is legally prohibited, defamatory, abusive, obscene, pornographic, harmful to minors, inflammatory, or fraudulent.

- Constitutes a criminal offense or encourages one.

- Violates the rights of third parties (e.g., copyrights, trademark rights, personal rights, or data protection).

- Contains private data of third parties (addresses, phone numbers, credit card numbers, etc.).

- Contains viruses or other harmful files.

• • Consequences of Violations: In the event of violations of the provisions, ToEon reserves the right to delete content, suspend the user account, and report criminal acts to the authorities.
  
  

IV. Creator Obligations and Grant of Rights

This section applies in addition to all users who offer digital content for purchase (hereinafter referred to as "Creator").

IV.1. License Grant to ToEon (Platform License)

By uploading content, you (the Creator) grant ToEon a non-exclusive, irrevocable, perpetual and worldwide, royalty-free, sub-licensable, and transferable license to use the content for the following purposes:

• • Provision, Hosting, and Distribution: of the content to buyers/licensees according to the ToEon License Agreement.
• • Advertising and Promotion: Use of excerpts or thumbnails to promote the platform or the content (e.g., in marketing materials or on the ToEon homepage).

IV.2. Obligation of Exclusivity ("Exclusive Content")

If you, as a Creator, select the ToEon "Exclusive Content" License, you commit to ToEon to offer the content in question for sale or download exclusively via the ToEon platform for the entire duration it is listed on ToEon.

IV.3. Warranty and Indemnification by the Creator

As a Creator, you warrant and guarantee to ToEon that:

• • Legality: You are the sole author and owner of all rights to the uploaded content.
• • Originality and Non-Infringement: The content is original and, when used in accordance with the License Agreement, does not infringe on any copyrights, personal rights, or other rights of third parties.
• • Indemnification: You undertake to indemnify and hold ToEon harmless from any third-party claims (including attorney's fees) arising from a breach of these warranties or from the use of the content uploaded by you.
  
  

IV. Payment and Commission Terms

The conditions for remuneration, commissions, and payment modalities regulate the financial relationships between ToEon and the registered Creators on the platform and are an integral part of the General Terms and Conditions (GTC).

IV. 1. Commission Rate and Net Proceeds

1. 1. Basis of Calculation: The calculation of the remuneration is based on the Net Proceeds (the “Proceeds”), i.e., the total price paid by the buyer for the licensed content. Furthermore, third-party payment processing fees (e.g., Stripe) are deducted in advance.
2. 2. Commission Distribution: The Net Proceeds from each sale are divided between the Creator and ToEon as follows:

Party                                                  Share of Net Proceeds

Creator (Author)                              90% (Your Remuneration) 

ToEon (Platform Commission)        10% (Platform Fee) |

1. 3. Exclusive Content: For content distributed under the ToEon "Exclusive Content" License, the same commission rate applies, unless a separate written agreement has been made.
   
   

IV. 2. Payout Requirements and Procedures

1. 1. Payment Processing: ToEon processes most payments to Creators via the external technical payment service provider Stripe. ToEon remains the Creator's contractual partner regarding the payout. The payment is made by ToEon to the account details provided by the Creator in the dashboard.
2. 2. Payout Threshold (Minimum Amount): A payout of the Creator's balance can only be requested once the Creator's available balance has reached or exceeded the minimum payout threshold of EUR 10.00 (ten euros).
3. 3. Payout Cycle (On-Demand Payout): The Creator is entitled to request a payout of the available balance at any time after reaching the minimum payout threshold (II.2.) via the Creator dashboard. The processing of the payout is carried out by ToEon.
4. 4. Payout Methods: Payouts are made exclusively via the payment methods stored in the Creator dashboard and supported by ToEon (e.g., bank transfer). The Creator is responsible for the accuracy of the stored payment information. Any fees from the selected payment service provider may be deducted from the payout amount.
5. 5. Right of Retention: To prevent misuse, including unauthorized claiming and sale of content, ToEon shall only authorize payouts if the name of the ToEon Account Holder strictly matches the name on the linked bank account. This regulation also applies to ToEon Accounts created on behalf of a company. An exception may be granted if the relevant ToEon department, following review, can unambiguously attribute the content (based on creation date, historical interactions, etc.) to the Account Holder.
6. 6. Right of Retention: ToEon reserves the right to withhold payouts if there is a justified suspicion of fraud, license violations, or infringement of third-party rights, or if pending refund or chargeback procedures by the buyer are ongoing.
   
   

IV. 3. Taxes and Compliance

1. The Creator is solely responsible for compliance with all applicable tax laws in their country, especially for the correct taxation of the received income and, where applicable, the correct collection and remittance of sales tax or value-added tax (VAT) on their sales.
2. Information and Certificates: ToEon is entitled to request all necessary information (e.g., tax identification number, VAT ID) from the Creator to comply with legal obligations (e.g., reporting obligations in the EU).
   
   

V. Right of Withdrawal and Refunds for Digital Content for Buyers

• • Exclusion of the Right of Withdrawal: The statutory right of withdrawal for consumers for the purchase of digital content (licenses, images, videos, etc.) that is not delivered on a physical data carrier is hereby excluded.
• • Waiver Declaration: The buyer expressly agrees in the purchase process by clicking the corresponding checkbox that ToEon will begin the performance of the contract immediately. The buyer confirms in this process that they thereby lose their statutory right of withdrawal (pursuant to Section 18 (1) Z 11 FAGG and corresponding EU consumer protection directives).
• • Right to Refund: A refund of the purchase price by ToEon is granted exclusively and conclusively in the following cases:

- Technical Defect: The purchased file is demonstrably damaged, corrupt, or does not correspond to the product description in its essential technical properties (warranty).

- Defect in Title: The purchased content demonstrably infringes on the rights of third parties (e.g., copyrights) and the license therefore cannot be used.

 

VI. Commercial Content and Branded Content Guidelines

Guidelines for Commercial Content

Utilizing the ToEon platform to present their products, services, or goods and direct users to their external websites. These activities constitute a form of branding/organic promotion and are not part of the ToEon Creative Commerce platform that involves a 10% commission. This service is currently provided free of charge.

Commercial Content refers to any content on ToEon intended to directly or indirectly promote goods, services, or Digital Assets offered by Creators, companies, or institutions. This specifically includes posts, media, or listings associated with the Creative Commerce feature or the platform's Digital Asset Marketplace.

All content on ToEon, including Commercial Content, is subject to our Community Guidelines and all other relevant ToEon policies.

Creators, users, companies, or institutions posting Commercial Content must ensure the following:

• • Clarity and Transparency: Commercial Content must be clearly and unambiguously identifiable as such.
• • Truthfulness and Accuracy: Content must not be deceptive or misleading, for example, through the use of undisclosed or subliminal advertising, false claims, or the secret attempt to influence individuals without their awareness.
• • Protection of Minors (EEA Requirement): If the user is domiciled in the European Economic Area (EEA), Commercial Content must not exploit the inexperience or the particular trust placed by minors in figures of authority. They must not encourage minors to persuade their guardians to make purchases.
• • Prohibited Content: Commercial Content may neither promote nor offer for sale the following categories, in addition to the prohibitions set forth in the Community Guidelines:
• - Cigarettes, tobacco products, electronic cigarettes, or refill cartridges.
• - Marijuana and other illegal or non-compliant products.
• - Firearms or weapons.
• - Prescription medications or unapproved medical treatments.
• • Prohibited Practices and Representations: Commercial Content may neither promote nor depict the following:
• - Excessive consumption of alcohol or illegal drugs.
• - Individuals associated with risky activities while under the influence of alcohol.
• - Minors in unsafe or inappropriate situations.
• • Harmful and Illegal Conduct: Commercial Content must not encourage:
• - Disregard for human dignity, exploitation, violence, or hate.
• - Discrimination based on gender, ethnicity, nationality, religion, disability, age, or sexual orientation.
• - Behavior detrimental to health, safety, or the environment.
• - Consumption of alcohol or drugs by minors or targeting minors in any other way.
• - Participation in illegal gambling or betting or the promotion of gambling activities.
• • No Misrepresentation of ToEon: Commercial Content must not misrepresent ToEon or its products/services, nor imply without express permission that ToEon endorses or is involved in the Creator's commercial activities.
• • Account Integrity: Users must maintain a single, authentic ToEon account for commercial activities.

Measures and Sanctions

ToEon is entitled to take the following graduated measures against users who violate the applicable provisions:

• • Temporary Account Suspension (Vorübergehende Kontosperrung)
• • or Permanent Account Suspension and Exclusion from the Platform (Dauerhafte Kontosperrung und Ausschluss von der Plattform)
• • or Permanent Account Suspension and Initiation of Legal Action by ToEon (Dauerhafte Kontosperrung und Einleitung rechtlicher Schritte durch ToEon).

 

VII. Guidelines for External Business Partners and Brand Listings

This section defines the requirements for external commercial entities, brands, or institutions (hereinafter "Brand Partners") utilizing the ToEon platform to present their products, services, or goods and direct users to their external websites. These activities constitute a form of branding/organic promotion and are not part of the ToEon Creative Commerce platform that involves a 10% commission. Adherence to the highest standards is required.

VII.1. General Principles for Brand Partners

ToEon is not involved in the purchase, sale, processing, or shipping of goods for these external listings. However, Brand Partners must meet all subsequent requirements.

Brand Partners must ensure the following:

• • Legal Compliance: Brand Partners must comply with all relevant laws, regulations, and industry standards applicable to their products and business operations.
• • Sole Responsibility: Brand Partners are solely responsible for handling all purchases, deliveries, customer service inquiries, complaints, and disputes.
• • Transparency: Clear expectations must be set regarding product quality, price, delivery time, and return procedures.

VII.2. Requirements for Brand Partners and their Websites

To be permitted to integrate content with external links on ToEon, Brand Partners must meet the following criteria:

1. No Affiliate Marketing: Brand Partners may not primarily use the platform for affiliate marketing purposes or as a mere wholesaler whose primary goal is high-volume brokering without creative added value.
2. Return Policies: The Brand Partner must have easily accessible and clearly understandable return or cancellation policies that explicitly define the process, timeframe, and contact information, should the partner accept returns or cancellations.
3. Company Information: The Brand Partner must have a dedicated website with clear company information (imprint, contact details) or relevant, active links to their official social media channels.
4. Website Quality (Quality Assurance): The external website and product landing pages linked from ToEon must be of high quality. Websites with the following deficiencies are not permissible:
• - Poor Editorial Content: Excessive grammatical or spelling errors, broken links, or incomplete pages.
• - Non-Original Content: Unoriginal content in descriptions or the information section.
• - Misleading or Unsafe: Pop-ups that cannot be closed, or forced user registration to view products.
• - Specific Exclusions: Resale or commission marketplaces (excluding Digital Assets) are not permitted.

VII.3. Requirements for Listings and Content

The following criteria must be met for a product, good, or service from a Brand Partner to be presented on ToEon:

1. Policy Compliance: Products must comply with our Community Guidelines and Terms of Use.
2. Timeliness and Accuracy: Information regarding the product (price, availability) must be current and accurate.
3. Specific Item: The content must feature a specific, purchasable item (excluding services, unless otherwise regulated).
4. Consistency: The image and description of the listing must exactly match the externally offered product.

VII.4. Prohibited Products and Services for Brand Partners

The following products or services may not be promoted or linked via Brand Partner listings on ToEon (in addition to the prohibitions in Section VI. 6.1):

• • Alcohol
• • Financial Products: Loans, credit payment options, cryptocurrencies, and other complex financial services.
• • Gambling Products: Lotteries, betting, or similar gambling offers.
• • Health Products and Services: Prescription or over-the-counter medications, medical devices, and hazardous health products that create unrealistic expectations (e.g., fraudulent weight loss pills).
• • Used Products: Physical used products are generally prohibited (excluding Digital Assets subject to resale guidelines).
• • Sensitive Goods: This includes all products and merchant practices prohibited under our Community Guidelinesor other policies, including:
• - Adult content/products, drugs, illegal products, counterfeit goods, tobacco products, weapons/explosives.

VII.5. Enforcement and Measures

ToEon reserves the right to remove listings that violate these guidelines at any time without prior notice. Brand Partners who repeatedly violate these guidelines will be excluded from using the platform.

 

VIII. Use of Artificial Intelligence (AI) in Creative Assets

The following principles govern the use of Artificial Intelligence (AI) in the creation and editing of Creative Assets.

VIII. 1. Principle and Definition

• 1.1 Purpose: The use of Artificial Intelligence (AI) in the creation and editing of Creative Assets (images, videos, PSDs, vectors) is exclusively permitted for the optimisation, support, and efficiency increase of the creative process.
• 1.2 Exclusion of Complete AI Generation: The complete, sole generation of a Creative Asset by an AI system without substantial human creative contribution (e.g., through simple text-to-image prompts leading to the final product) is not permitted. There must always be a personal intellectual creation of the originator as the basis or main component of the work.

VIII. 2. Permitted AI Use (Optimisation and Support)

2.1 The use of AI functions is permitted provided it is auxiliary and supportive to the human creative performance, particularly for:

• Automated Image Editing and Retouching: E.g., noise reduction, colour correction, automatic cropping/masking, removal of distracting objects (Generative Fill), or minor background adjustments.
• Extension or Variation: Generation of variations of existing, self-created assets (e.g., colour variations, slight style adjustments, or scaling).
• Workflow Efficiency: Use of AI-supported tools to accelerate work steps that do not constitute an independent creation (e.g., automatic vectorisation).

VIII. 3. Labeling Requirement and Warranty

• 3.1 Transparency: Where legally required (e.g., under the EU AI Act or other national regulations), the creator must transparently label the use of AI by declaring it in the content description.
• 3.2 Compliance with Third-Party Rights: The creator must ensure that the data used for training the employed AI systems or for generating inputs do not infringe any copyright, trademark, personal, or other third-party rights. The creator warrants that they possess all necessary rights and licenses for the use of the generated or optimised content.

VIII. 4. Measures in Case of Misuse and Sanctions

Compliance with the principles set out in this policy for the use of Artificial Intelligence in Creative Assets is mandatory. A violation of the rules, particularly the prohibition of complete AI generation without substantial human creation (Section 1.2) or the infringement of third-party rights (Section 3.2), will be considered a serious breach of the General Terms and Conditions (GTC).

VIII. 4.1 Verification and Initial Measures

In the event of justified suspicion of misuse or violation of the GTC/AGB, ToEon reserves the right to take the following measures:

• First Violation: Temporary account suspension.
• Second Violation: Permanent account suspension and exclusion from the platform.
• Serious Violation: (e.g., deliberate infringement of third-party copyright or personality rights through the use of AI) – Immediate permanent account suspension and legal action.

 

IX. Intellectual Property and Copyright Infringement

IX.1. Policy on Copyright Infringement

Pursuant to the EU Copyright Directive and applicable national laws, ToEon reserves the right, under certain circumstances and at its sole discretion, to suspend or terminate user accounts that infringe the copyrights or other intellectual property rights of ToEon or third parties.

IX.2. Complaints about Copyright Infringement

If you believe that content on the website infringes copyright, you can contact the responsible employee: Email: copyright@Aeongraph.io  

IX.3. Trademark Rights and Linking

ToEon trademarks and logos may not be used without the prior written permission of ToEon. Embedding ToEon content by means of frames is prohibited.

 

X. Inheritability of Usage Rights and Revenue

X.1 Digital Estate and Inheritability of Economic Assets

The user acknowledges that authorship itself (moral rights) is inalienable and non-transferable under applicable laws. However, ToEon enables the transfer of economic exploitation rights (usage rights) regarding the digital assets generated on the platform, as well as the accumulated balance (credit) and future revenue from licenses.

Within the "Digital Estate" section of the profile settings, the user may designate beneficiaries and determine their respective shares of future earnings. This designation serves as a binding instruction to ToEon for the processing of platform revenue in the event of death.

Management of Beneficiaries: The designation of an heir or heirs can be updated at any time. For ToEon, the most recent entry saved in the system shall be considered the final and valid instruction.

This inheritance applies exclusively to revenue and rights generated within the ToEon platform.

X.2 Settlement Procedure In the Case of Death

Upon being notified of the user's death, ToEon will set the user's profile to "Estate Status." The ongoing exploitation of the content will be maintained for the benefit of the heirs.

The processing of the transfer requires the submission of an official death certificate as well as proof of the beneficiary's entitlement (either through the stored ToEon settings or an official certificate of inheritance/will).

If the user has designated the transfer of administrative rights regarding their content, the beneficiary will receive the technical capability via a separate heir account to make economic decisions (e.g., pricing, deactivation) regarding the inherited assets.

ToEon acts in this process solely as a technical and administrative service provider for the transfer of digital revenue in accordance with the user’s instructions and assumes no liability for the accuracy of the legal succession outside of the platform.

XI. EonLink - Your Message to the Future

XI.1 Description of Services and Purpose

EonLink is a service designed for the creation of immutable, historical digital legacies. The user may seal video or photo messages (hereinafter "Content") and determine a specific point in time in the future for their automatic release. The purpose of EonLink is the permanent archiving and unadulterated transmission of contemporary documents, visions, and personal messages to future recipients.

XI.2 Promise of Irrevocability and Technical Seal

• • Confidentiality: Content is sealed on secure servers within the European Union. ToEon/EonLink does not maintain a system-side access key to the content of the sealed legacy.
• • Integrity: Digital verification mechanisms ensure the authenticity of the message. Any manipulation of data bits over time is technically excluded.
• • Future-Proofing: Storage is conducted using future-proof archiving standards to ensure readability across long periods of time.
  
  

XI.3 Binding Declaration on Sealing and Disclaimer

By clicking "Seal EonLink" (Publish), the user submits a final and irrevocable declaration of intent for long-term archiving. The user expressly acknowledges the following conditions:

• • Exclusion of Right of Withdrawal: Sealing initiates immediate archiving. A right to reversal, revocation, cancellation, or deletion of the seal is excluded due to the technical nature of the time-seal.
• • Sole Responsibility for Content: The user bears sole criminal and civil liability for the content they seal. The user guarantees that the content does not violate applicable law, public decency, or the rights of third parties.
• • Comprehensive Indemnification: The user releases ToEon/EonLink and its vicarious agents from any liability, third-party claims, damages, or legal consequences arising from the content, nature, or future impact of the legacy. This applies in particular to potential defamation, copyright infringements, or socio-political impacts at the time of release.
• • No Content Review: Since EonLink has no access to the encrypted content, no prior review takes place. ToEon assumes no guarantee for the moral or legal appropriateness of the messages.
  
  

XI.4 Editing and Deletion After Publication

The principle of immutability applies until the selected release time is reached. Should the automatic publication of the EonLink occur during the author's lifetime, the author retains the right to subsequently edit or completely delete the then-publicly accessible content. Upon the author's death, this right passes to the lawful heirs - unless otherwise regulated in the "Digital Estate" (Section X) - provided that technical access is feasible.

If no beneficiary has been designated and no legal heirs assert a claim with valid proof within a reasonable period of 18 months after ToEon becomes aware of the user's death, ToEon reserves the right to deactivate, delete, or transfer the account and its contents to an anonymized archive at its own discretion.

XII. Disclaimer of Warranties and Indemnification

Disclaimer of Warranties and Indemnification

XII.1. Disclaimer (Platform and Content)

The website and the ToEon content are provided "as is" by the users. ToEon excludes, to the extent permitted by law, any contractual or statutory warranty, in particular the implied warranty of merchantability or fitness for a particular purpose. We do not guarantee that the website and the ToEon content are free of viruses.

XII.2. Limitation of Liability

In no event shall ToEon, its management, employees, licensors, or representatives be liable for direct, indirect, or consequential damages of any kind, including loss of use, loss of profit, or loss of data, arising out of or in connection with the use of the website. ToEon's total liability is limited as follows:

• • For paid transactions (e.g., purchase of premium content): Liability is limited to the remuneration paid by the user to ToEon for the specific transaction.
• • For free use (basic service, general access): Liability is limited to a maximum amount of EUR 100.00 (One Hundred Euros). Liability for damages resulting from injury to life, body, or health, as well as for intentional or grossly negligent breaches of duty, remains unaffected.
  
  

XII.3. Indemnification by the User

You agree to indemnify and hold ToEon, as well as its affiliates, licensors, and employees, harmless with respect to any claims, damages, costs, and liabilities arising from your breach of these GTC or from your infringement of third-party rights.

XIII. Final Provisions and Dispute Resolution

XIII.1. Applicable Law

All disputes arising from or in connection with the use of the website or the ToEon content shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the user's home country remain unaffected.

XIII.2. Dispute Resolution and Class Actions

In case of disputes with us, you agree to first contact us (Email: legal@Aeongraph.io ) and attempt to resolve the dispute informally. The place of jurisdiction for entrepreneurs is agreed to be the registered office of ToEon (Vienna, Austria). You expressly waive the right to participate in a class action.

XIII.3. Amendments and Termination

ToEon reserves the right to amend individual provisions in the GTC at any time and at its sole discretion. All changes shall take effect upon publication on the website. ToEon reserves the right to terminate your account without prior notice and at its sole discretion, particularly in the event of breaches of these terms.

XIII.4. Severability Clause

If one or some of the clauses of these Terms of Use are unenforceable, the remaining clauses shall not be affected thereby as far as possible and shall remain fully valid and effective.