General Terms and Conditions

(1) These General Terms and Conditions (hereinafter “Terms”) apply to all contractual relationships between Adversign Media GmbH, registered in Düsseldorf, Germany (hereinafter “Provider”), and its customers (hereinafter “Customer”) concerning the provision and use of the content services offered at contboxx.com (hereinafter “contboxx”).

(2) These Terms apply regardless of whether the contract is concluded directly on the contboxx.com platform, through an individual offer, through the Provider’s sales team or in any other way.

(3) The offer is aimed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers are excluded.

(4) Deviating, conflicting or supplementary terms and conditions of the Customer only become part of the contract if the Provider has expressly agreed to their validity in text form. Individual agreements take precedence over these Terms.

(5) Supplementary contractual terms may apply to certain services, in particular licensed third-party content, Enterprise services or individually agreed technical integrations. They are made available to the Customer before the contract is concluded and expressly agreed. The supplementary terms in Annex 1 apply to the dpa add-on package.

(6) These Terms apply to other products or modules of the contboxx product family only if this is expressly agreed when the contract is concluded.

(1) The presentation of products, features and prices on the Provider’s website does not constitute a legally binding offer, but an invitation to the Customer to submit an offer.

(2) By completing the electronic ordering process or by accepting an individual offer, the Customer submits a binding declaration of contract. For bookings on the platform, the ordering process is completed when the payment process with the payment service provider Stripe is completed. The contract is concluded as soon as the Provider accepts this declaration by an order confirmation in text form or activates the ordered service.

(3) For free services, the contract is concluded upon successful registration and activation of the customer account. When registering, the Customer states their company or organisation, confirms that they are not acting as a consumer and accepts these Terms. If the Customer signs in with a Google account, these confirmations are given before the customer account is used for the first time. The Provider stores the time and version of the acceptance.

(4) The Customer must provide complete and accurate information when registering and ordering and keep it up to date for the term of the contract. The VAT treatment of the fees depends on the country and VAT identification number stated.

(5) The Customer is responsible for managing their customer account and their API keys. Access credentials must be kept confidential and protected against unauthorised access.

(6) The Customer may make their customer account and the associated API credentials available to third parties only to the extent agreed. Engaging technical service providers for contractual use remains permitted, provided they are bound to confidentiality and receive no independent rights of use.

(1) Via contboxx.com, the Provider supplies digital content (hereinafter “Content”) for use in particular on digital signage systems, information screens and comparable electronic display systems.

(2) The Content may include in particular the following categories:

• news and information articles generated or edited automatically with the help of artificial intelligence;
• editorially created or prepared content;
• licensed content from external news agencies and other third-party providers; content of the Deutsche Presse-Agentur (dpa) only as a separately bookable add-on package (Annex 1);
• images, illustrations, graphics and other media components;
• interactive mini games for touch displays, included in the paid plans;
• daily horoscopes for entertainment, whose ratings are calculated from the date each day, included in the paid plans;
• weather data for locations the Customer creates in their customer account, where this feature is enabled;
• metadata, topic categories, language versions and technical display information.

(3) Depending on the services booked, technical delivery takes place in particular via REST APIs, RSS feeds, JSON feeds, embeddable HTML widgets or other interfaces supported by the Provider. Content is retrieved with an API key that is part of the retrieval address.

(4) The specific scope of services results from the agreed plan, in particular Free, Starter, Basic, Professional or Enterprise, the service description on the pricing page of contboxx.com valid at the time the contract is concluded, and any individual agreements.

(5) The service description may in particular specify usage quotas, retrieval limits, available content categories, language versions, technical features and special rights of use.

(6) The Provider owes the provision of the agreed services. There is no entitlement to a specific number of new articles, to the publication of specific events or to the inclusion of individual topics unless expressly agreed.

(7) The Provider may categorise, prioritise, filter and prepare content for the respective technical output on the basis of objective criteria.

(8) The content is generally intended for general information purposes. It is not intended as individual legal, tax, investment or medical advice.

(9) The Provider may use suitable technical service providers to perform its services. Its contractual and statutory obligations remain unaffected.

(1) The content provided by the Provider may be generated automatically, derived from available information sources, summarised or translated by artificial intelligence or otherwise prepared.

(2) The Provider uses suitable quality assurance procedures. These may include in particular automated plausibility checks, source comparisons, content filters and other technical control measures.

(3) Unless expressly stated otherwise, there is no individual human approval of each automatically generated article.

(4) Despite reasonable quality assurance measures, the content provided may contain factual errors, inaccuracies, misleading wording, incomplete information or delays.

(5) The Provider does not guarantee that every single piece of information is accurate, complete or up to date without exception. Any expressly agreed quality as well as statutory and contractual duties of care, performance and liability remain unaffected.

(6) Particularly in the case of current news, facts may change after first publication. The Provider may subsequently update, correct or withdraw articles.

(7) The Provider is not obliged to cover all public events or news sources completely and in real time unless such a service has been expressly agreed.

(8) Where statutory journalistic duties of care apply to the Provider, in particular under the German Interstate Media Treaty (Medienstaatsvertrag), they remain unaffected by the above provisions.

(9) The Customer must report material content errors or possible infringements of rights in the content provided without undue delay via the contact options provided by the Provider.

(1) Part of the content provided is generated or edited automatically with the help of artificial intelligence. The Provider informs the Customer of this in the service description or by appropriate labels and metadata.

(2) The parties comply with the statutory requirements for AI systems and AI-generated content applicable to them, in particular the transparency obligations of Regulation (EU) 2024/1689 (EU AI Act).

(3) The Provider makes available, in a suitable form, the labels and information on the AI origin of content that it must provide under applicable law. Where legally required, this includes machine-readable labels.

(4) Where the Provider supplies labels for the public display of content, the Customer must adopt them unchanged, recognisably and in a manner that meets the legal requirements when publishing the content in accordance with the contract.

(5) In particular, the Customer may not remove or suppress a required label of AI-generated news, or change it in a way that impairs its message or recognisability.

(6) When using widgets fully rendered by the Provider, legally required labels contained in them may not be removed, covered or displayed illegibly.

(7) When using APIs or feeds, the Customer is responsible for implementing the transmitted labelling information correctly in their own display. The Provider remains responsible for fulfilling its own statutory obligations.

(8) Licensed original third-party content that is not AI-generated is not treated as AI-generated merely because it is delivered via the platform. Any other legally required labels of origin or source remain unaffected.

(9) Statutory exemptions from transparency or labelling obligations remain unaffected. Their applicability depends on the factual and legal circumstances of the individual case.

(1) For the duration of the contractual relationship, the Provider grants the Customer a simple, non-exclusive, non-transferable and – unless expressly agreed otherwise – non-sublicensable right to use the content provided to the extent agreed in the contract.

(2) The right of use includes in particular the storage, technical processing and display required for this on the digital signage systems and other agreed display devices used in accordance with the contract. This includes public display, provided the necessary rights have been granted for it.

(3) Use is limited to the services booked, the agreed use cases and any agreed geographical areas of use.

(4) Use by the Customer’s technical service providers is permitted, provided it serves exclusively the contractual performance for the Customer, the necessary protective measures are observed and the service providers are not granted any independent rights of exploitation.

(5) Use on screens owned or operated by third parties is permitted insofar as this use is covered by the agreed scope of services and the Customer is responsible for the contractual playout.

(6) Without a separate contractual agreement, it is prohibited in particular to

• resell or license the content provided to third parties as a standalone content product;
• systematically take over content in order to build a competing content service, a standalone news service or a standalone content database for further marketing;
• make content publicly accessible or distribute it outside the agreed purposes;
• commercially exploit images, graphics or other media components independently of the content context provided for in the contract;
• use content to develop or train AI models unless separate permission has been granted;
• remove legally required copyright, origin, licence or AI labels.

(7) Technically necessary adjustments, in particular of size, format, resolution or layout, are permitted provided they do not distort the meaning of the content and no conflicting licence terms apply.

(8) Changes to the content that falsify statements, take them out of context or attribute to a person, organisation or source a statement they did not make are prohibited.

(9) Further rights of use, in particular for resellers, content aggregators, agencies or operators of third-party platforms, require a separate agreement.

(10) Contractual rights of use are granted regardless of whether an individual piece of content is protected by copyright in the specific case. Mandatory statutory exemptions remain unaffected.

(11) The rights of use granted expire when the contract ends unless expressly agreed otherwise. Uses permitted by law remain unaffected.

(1) The Provider may make available content from external licensors, in particular news agencies, picture agencies or other content providers.

(2) The usage restrictions that result from the rights effectively granted by the Provider and from the supplementary licence terms agreed when the contract was concluded apply to such content.

(3) The Provider grants rights of use in third-party content only to the extent it is itself entitled to grant them.

(4) Any special conditions, for example on source attribution, permitted output media, number of displays, geographical areas of use, archiving periods or prohibitions on editing, are communicated to the Customer in a suitable form and, where necessary, agreed contractually. For dpa content they are set out in Annex 1.

(5) The Customer must adopt source, copyright and licence notices effectively specified to them completely and in the prescribed form.

(6) Isolated use of images, agency reports or other third-party content outside the agreed context is only permitted with the corresponding right of use.

(7) If an underlying licence ends or is restricted, the Provider may block, withdraw or replace the affected content to the extent necessary.

(8) If such a change leads to a substantial and not merely temporary restriction of the contractually agreed scope of services, the Customer’s statutory rights and the provisions of these Terms on material changes to services apply.

(9) The legal requirements regarding the depiction of identifiable persons, personality rights and the rights of third parties remain unaffected.

(1) Access to the platform and the content takes place via the technical interfaces and access options provided by the Provider.

(2) Depending on the plan selected, the Customer receives access to certain technical features and usage quotas.

(3) The usage limits agreed when the contract was concluded are decisive, in particular regarding permitted API requests, retrieval frequencies and other technical quotas. The daily quota of API requests applies per customer to all of their API keys together. Once it is used up, the interface delivers no content until the start of the next day. The dpa add-on package has its own quota (Annex 1).

(4) The Provider may take technically necessary measures to ensure stability, security and use in accordance with the contract. These include in particular reasonable rate limits and the temporary limitation of requests when agreed quotas are exceeded.

(5) Permanent, automated or systematic circumvention of agreed usage limits is not permitted.

(6) API keys, access tokens and comparable authentication data may not be made publicly accessible or left to unauthorised third parties for independent use. As the API key is part of the retrieval address, this also applies to that address.

(7) The Customer must inform the Provider without undue delay if there are indications of unauthorised access to their credentials or misuse of their interfaces.

(8) Technically necessary caching of content, in particular for synchronisation, resilience or offline playback, is permitted within the scope of the agreed rights of use. Special deletion, expiry or update requirements must be observed.

(9) The Customer may process the data required for technical display, but may not create permanent archives or independent data stocks for exploiting the content beyond the purpose of the contract unless expressly agreed.

(10) Using the platform or interfaces in a way that endangers their security, integrity or availability is prohibited. This includes in particular unauthorised access attempts, the distribution of malware and abusive automated overload.

(11) The Provider may temporarily restrict technically or legally hazardous use in accordance with § 10. The measure must be proportionate to the specific risk.

(1) The Provider may correct, update, block or remove content provided for objectively justified reasons.

(2) Such reasons exist in particular in the case of:

• established or reasonably suspected material content errors;
• possible infringements of personality rights, copyright or other rights;
• statutory or official requirements;
• legal obligations under licence relationships;
• security-relevant or comparably urgent circumstances.

(3) The Provider implements corrections by updating the affected content in the interfaces. The Provider no longer delivers withdrawn or blocked content. Where the respective output format provides for it, content also contains an expiry date.

(4) The Customer must retrieve the content again at reasonable intervals and take corrections into account when displaying and caching the content.

(5) If the interface no longer delivers a piece of content or its expiry date has been reached, the Customer must stop displaying it without undue delay, insofar as this is technically possible and reasonable. If the Provider informs the Customer of an urgent recall, the necessary measures must be given priority.

(6) In these cases, content already stored locally or cached must be removed or replaced by the current version.

(7) For devices that are temporarily unreachable, the Customer must ensure, within their technical means, that they are updated without undue delay once the connection is restored.

(8) The Customer must provide reasonable technical expiry and update rules to avoid displaying outdated or no longer verifiable news indefinitely.

(9) Where possible and reasonable, the Provider informs the Customer of significant recalls or material changes that require an immediate response.

(10) Statutory claims for correction, injunctive relief, information and other claims remain unaffected by these provisions.

(1) The Customer may use the services provided by the Provider only to the extent agreed in the contract and permitted by law.

(2) The Customer is responsible for the selection of display devices, their operation, the design of their own screen environment and any changes or additions they make to the content.

(3) The Customer must in particular observe the statutory requirements applicable to their specific use. These may include media law, data protection, youth protection and other regulations.

(4) The Customer must adopt the labels, source notices and licence information specified by the Provider and agreed in the contract when displaying content.

(5) The Customer may not present content provided, through their own additions or changes, in a way that creates unlawful statements or materially distorts the original meaning.

(6) The Customer must ensure that their technical systems adequately support the update, blocking and recall functions provided for in the contract.

(7) The Customer is responsible for setting up and maintaining their own network connections, display devices, content management systems and other technical requirements, unless these are expressly part of the Provider’s agreed services.

(8) The Customer must report identified security incidents, significant malfunctions or possible infringements of rights in connection with the use of the platform without undue delay.

(9) In the event of significant use in breach of contract, the Provider may temporarily restrict access to the extent necessary after first requesting a remedy. No prior request is required if it is unreasonable due to an acute security threat, a serious infringement of rights or comparably urgent circumstances.

(10) The Provider’s statutory and contractual obligations remain unaffected by the Customer’s duties to cooperate.

(1) For the paid standard plans, the Provider guarantees an availability of the booked content delivery functions of at least 99.5% on an annual average, unless a different availability has been agreed in an individual agreement or a separate service level agreement (SLA).

(2) Availability is calculated on the basis of the technical retrievability of the agreed content delivery interfaces at the public handover point of the Provider’s systems.

(3) Availability is determined on the basis of the monitoring and operating data available for the services concerned. The Customer may submit specific, comprehensible fault reports for review.

(4) For contracts beginning or ending during the year, the period of the actual contract term within the respective calendar year is decisive.

(5) Unavailability for which the Provider is not responsible includes in particular faults caused exclusively by:

• the Customer’s technical systems, devices or networks;
• third-party software used by the Customer outside the Provider’s area of responsibility;
• faults in public communication networks outside the Provider’s area of responsibility;
• the Customer exceeding agreed usage quotas;
• events of force majeure in accordance with § 19.

(6) Planned and necessary maintenance work is carried out outside the usual peak hours wherever possible. Maintenance announced at least 48 hours in advance is not taken into account when calculating availability, up to a total of eight hours per calendar month.

(7) Urgently required security measures may be carried out without observing the notice period if necessary. The Provider informs the Customer of this without undue delay where possible. The treatment of the resulting downtime is governed by the statutory and contractual rules.

(8) The Provider endeavours to remedy technical faults as quickly as possible within the framework of reasonable operational processes.

(9) There is no binding availability commitment for the Free plan.

(10) Special response times, fault-clearance periods, service credits or further availability guarantees are established exclusively by separate agreement.

(11) The Customer’s statutory rights in the event of service disruptions remain unaffected.

(1) The prices agreed when the contract is concluded apply to paid services. For online orders, the prices shown in the respective ordering process are decisive.

(2) Unless expressly stated otherwise, all prices are net prices plus the statutory value added tax applicable in each case. Billing is in euros; for a billing address outside the European Union, the European Economic Area and Switzerland and outside the states that use the euro as their national currency, in US dollars. The currency is fixed for the customer account with the first paid booking and applies to all further bookings.

(3) Paid plans are invoiced monthly or annually in advance, as chosen; the dpa add-on package monthly in advance. Different billing periods, in particular for Enterprise contracts, may be agreed individually.

(4) For bookings on the platform, the Customer pays by credit card or, when billed in euros, by SEPA direct debit via the payment service provider Stripe. The fee for the first billing period becomes due when the booking is completed and is collected immediately. The Customer authorises the Provider to charge the stored payment method for the fees of subsequent billing periods; these are collected at the start of each period. For SEPA direct debit, the mandate given in the payment process applies. The pre-notification of the amount and date of a direct debit is given with the invoice, in deviation from the period set by the SEPA rules at least one day before the debit; for the first debit, the payment process itself serves as notification. For subsequent debits of an unchanged amount, a single notification in the invoice for the preceding billing period is sufficient.

(5) If payment on invoice has been agreed individually, invoices are due for payment within 14 days of the invoice date unless a different payment term has been expressly agreed.

(6) The Provider may issue invoices in electronic form and transmit them by any legally permissible means. The Customer receives invoices for bookings on the platform by email.

(7) In the event of default in payment, the statutory provisions apply, in particular regarding default interest, damages for delay and the statutory lump sum for default in business transactions.

(8) If a fee due on the platform cannot be collected, the Provider makes further collection attempts. If a total of three attempts fail, the booking concerned (plan or add-on package) ends; for a plan, § 14 (10) applies, an add-on package is deactivated by the Provider. If a plan ends, the customer account continues as a Free account; a dpa add-on package then ends in accordance with Annex 1 (3). Fees already due remain owed.

(9) If, where payment on invoice has been agreed, the Customer is in default with a not insignificant amount due, the Provider may, after prior notice in text form and the unsuccessful expiry of a reasonable grace period, temporarily block access to the paid services, insofar as this is proportionate taking into account the interests of both parties. When blocking, the Provider takes the Customer’s legitimate interests into account and lifts the block without undue delay once the relevant arrears have been settled, provided there are no other grounds for blocking.

(10) The Customer may set off counterclaims only if they are undisputed or have been finally established by a court. Mandatory statutory rights of set-off and retention remain unaffected.

(11) Use of the Free plan is free of charge within the agreed scope of services. A paid switch to another plan requires a corresponding declaration of contract by the Customer.

(1) The Provider may adjust the fees for ongoing contractual relationships of indefinite duration in accordance with the following provisions if the costs relevant to providing the services change demonstrably after the contract is concluded.

(2) Relevant cost changes may concern in particular licence costs for content, costs of technical infrastructure, energy, personnel and operating costs as well as mandatory regulatory expenses directly related to the services.

(3) Cost increases and cost reductions are to be taken into account according to the same objective standards. A price adjustment may only be made to the extent that the relevant total costs have actually changed; a further increase of the profit margin is not permitted on the basis of this clause.

(4) An ordinary price adjustment under this clause may take place at the earliest twelve months after the start of the contractual relationship and thereafter at most once within twelve months.

(5) The Provider notifies the Customer of an intended price adjustment in text form at least six weeks before it takes effect. The notification states the date of entry into force, the extent and the main reasons for the adjustment. The adjustment applies at the earliest from the first billing period beginning after it takes effect; billing periods already paid remain unaffected.

(6) In the event of a price increase, the Customer may terminate the contract extraordinarily with effect from the date the increase takes effect, up until that date. The Provider points out this right in the notification of the change.

(7) For individually agreed fixed prices or minimum contract terms, price adjustments during the fixed term only apply if this is expressly provided for in the contract or mandatory statutory provisions apply.

(8) The Customer may switch to another available plan at any time. A switch to a larger plan takes effect immediately upon payment. With monthly billing, the Customer pays the difference between the fees pro rata for the remaining days of the current billing period; the billing period remains unchanged. With annual billing, a new billing period begins with the switch, and the fee for the remaining days of the current billing period of the previous plan is credited. If the Customer switches from monthly to annual billing, a new annual billing period begins and the fee for the remaining days of the current month is credited. A switch to a smaller plan, and a switch from annual to monthly billing, takes effect at the end of the paid billing period; until then the previous plan applies, and the fee for the new plan only becomes due when it begins. Until then the Customer may withdraw the switch. After switching to a smaller plan, its usage limits apply; if the number of weather locations created exceeds the new limit, the oldest locations remain active. A booked dpa add-on package is not affected by a plan change.

(1) The contract for the Free plan is concluded for an indefinite period. Paid plans run for the booked billing period of one month or one year and renew automatically for the same period unless terminated beforehand. Each month of the billing period ends at the end of the day before the corresponding calendar day of the following month. Different terms may be agreed individually.

(2) The Customer may terminate a paid plan at any time without notice via the cancellation function in the customer account or in text form.

(3) If the Customer terminates, the plan ends at the end of the paid billing period: with monthly billing at the end of the month, with annual billing at the end of the year. Until then the services continue unchanged.

(4) Fees already paid are not refunded, not even in part, when the Customer terminates; this applies to monthly and annual billing alike.

(5) Until the services end, the Customer may withdraw the termination via the customer account; the contract then continues unchanged.

(6) The Provider may terminate paid contracts ordinarily in text form with 30 days’ notice to the end of a calendar month. It refunds fees paid in advance for periods after the end of the contract on a pro rata basis.

(7) Either party may end the Free plan at any time without notice. The Customer ends it by requesting the deletion of their customer account in text form.

(8) The right of both parties to extraordinary termination for good cause remains unaffected.

(9) Good cause may exist in particular if a party materially breaches its essential contractual obligations and continues the breach despite a required warning or a reasonable period for remedy. The statutory requirements for extraordinary termination remain decisive.

(10) When a paid plan ends, the customer account continues as a Free account unless the Customer requests its deletion. Of the API keys of the ended plan, as many remain active as the Free plan includes (the oldest), with its usage limits; the others are deactivated. Signing in to the customer account remains possible. When the entire contractual relationship ends, the Customer’s right to continue using the content services provided under the contract ends.

(11) After the contract ends, the Customer must stop using the content and remove copies and cached content they are no longer entitled to use within a reasonable period, unless statutory retention obligations or expressly agreed further rights of use exist.

(12) Where export functions exist, the Customer’s own data and configurations can be backed up with them before the contract ends. After the contract ends, their retention or deletion is governed by the statutory requirements, the data protection agreements and any supplementary contractual provisions.

(13) Payment claims that have already arisen remain unaffected by the end of the contract. Fees paid in advance for periods after an effective extraordinary termination are refunded insofar as there is no entitlement to remuneration for those periods.

(1) The Provider continuously develops the platform and its functions.

(2) The Provider may make technical adjustments, updates and improvements insofar as the agreed purpose of the contract is not materially impaired and the changes are reasonable for the Customer.

(3) This includes in particular measures to improve security, performance, usability, compatibility and technical reliability.

(4) Changes required due to mandatory statutory, official or security-related requirements may be made to the extent necessary.

(5) Material changes to the agreed scope of services that significantly impair the purpose of the contract require a corresponding contractual basis or an agreement with the Customer.

(6) If a significant restriction of services is unavoidable for objectively justified reasons and no reasonable equivalent replacement service can be offered, the Provider informs the Customer in good time, insofar as circumstances permit.

(7) In such a case, the Customer has the statutory rights. Where the requirements are met, the Customer may terminate the contract extraordinarily.

(8) There is no entitlement to the unchanged retention of individual technical implementations, user interfaces or interface versions, provided the contractually agreed functionality is reasonably maintained.

(1) The Provider is liable without limitation for damage caused by intentional or grossly negligent breaches of duty by the Provider, its legal representatives or vicarious agents.

(2) The Provider is also liable without limitation for damage resulting from culpable injury to life, body or health.

(3) Liability under expressly assumed guarantees and under mandatory statutory liability provisions, in particular the German Product Liability Act, remains unaffected.

(4) In the event of a slightly negligent breach of essential contractual obligations, the Provider’s liability is limited to the damage typical of the contract and foreseeable when the contract was concluded. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

(5) Otherwise, the Provider’s liability for damage resulting from slightly negligent breaches of duty is excluded to the extent permitted by law.

(6) The Provider does not give a no-fault guarantee that all news and information articles provided are factually error-free without exception. Statutory warranty rights and liability for culpable breaches of statutory or contractual duties remain unaffected.

(7) The Provider is not liable for damage caused exclusively by an unauthorised change to the content provided made by the Customer in breach of contract, unless the Provider itself has committed a breach of duty giving rise to liability.

(8) The Provider is not liable for faults or damage attributable exclusively to the Customer’s technical equipment, non-contractual software used by the Customer or other circumstances outside the Provider’s area of responsibility.

(9) Statutory claims for infringements of copyright, personality or other rights of third parties remain unaffected. The above liability provisions also apply to such claims insofar as their application is permitted by law.

(10) These provisions do not limit liability for the breach of expressly warranted characteristics or for other mandatory grounds of liability.

(11) The Customer’s statutory rights in the event of defects or other service disruptions remain. Where individual rights are subject to statutory requirements, in particular setting a deadline, these must be observed.

(1) The Customer must comply with the rights of use, labelling obligations and other contractual requirements when using the content.

(2) The Customer indemnifies the Provider against justified third-party claims insofar as they are based on a breach of the Customer’s contractual obligations for which the Customer is responsible or on an unlawful use of the content for which the Customer is responsible.

(3) Indemnification applies in particular in the case of culpable distribution in breach of contract, impermissible changes, removal of required labels or unauthorised independent exploitation of the content.

(4) The indemnification also covers the necessary and reasonable costs of legal defence, insofar as these are attributable to the breach of duty for which the Customer is responsible.

(5) The Provider informs the Customer of such claims without undue delay and allows them to participate appropriately in defending or clarifying the claims, insofar as legally permissible and reasonable.

(6) The indemnification does not apply insofar as the claim asserted is based on a breach of duty for which the Provider is responsible.

(7) Statutory claims for damages and compensation between the parties remain unaffected.

(1) The parties comply with the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR).

(2) Information on the processing of personal data by the Provider in connection with the provision of the platform can be found in the applicable privacy policy and any supplementary data protection agreements.

(3) Insofar as the Provider processes personal data on behalf of the Customer and the requirements of Art. 28 GDPR are met, the parties conclude a data processing agreement before the processing begins.

(4) Both parties undertake to treat confidential information of the other party that becomes known to them in the course of performing the contract as confidential and to use it exclusively for performing the contract.

(5) Confidential information includes in particular trade and business secrets, non-public technical information, access credentials, individual contract terms and other information whose confidentiality is expressly marked or evident from the circumstances.

(6) The confidentiality obligation does not apply to information that

• is already publicly known at the time of disclosure;
• subsequently becomes publicly known without a breach of duty;
• was demonstrably already lawfully known to the receiving party;
• is lawfully disclosed by an authorised third party;
• must be disclosed due to statutory obligations or enforceable official or court orders.

(7) The confidentiality obligations continue after the end of the contract as long as there is a legitimate interest in confidentiality or statutory confidentiality obligations apply.

(1) Neither party is liable for a delay in or failure to perform its contractual obligations insofar as this is directly caused by an event of force majeure and the affected party could not avoid or overcome the event and its consequences even by exercising reasonable care.

(2) Force majeure includes in particular natural disasters, war, terrorist attacks, serious official interventions, large-scale and unforeseeable failures of critical infrastructure or comparable extraordinary events.

(3) The affected party informs the other party of the event and its likely effects as soon as this is possible and reasonable under the circumstances.

(4) The affected party must take reasonable measures to limit the effects and to resume its services as quickly as possible.

(5) If a material impairment of the agreed services lasts longer than 30 consecutive days, either party may terminate the affected part of the contract for good cause, provided that, taking all circumstances into account, continuation cannot reasonably be expected of it.

(6) For services that are permanently not provided, the obligation to pay ceases insofar as this is provided for by the statutory provisions or the contractual allocation of risk. Payments already made must be refunded to that extent.

(1) Changes to these Terms for existing contractual relationships generally require a corresponding agreement between the parties.

(2) The Provider may make editorial corrections that do not change any material rights or obligations of the parties.

(3) If changes become necessary due to new statutory requirements, final court decisions or comparable binding legal requirements, the Provider informs the Customer of the necessary adjustments in good time and, where required, obtains their consent.

(4) Material changes to the contractual rights and obligations do not become part of the contract merely through the Customer’s silence.

(5) For new contracts, the version of these Terms effectively agreed in each case applies.

(6) The Provider obtains consent to amended Terms via the customer account. Until consent is given, the previous version continues to apply to the Customer; new paid bookings are only possible after consenting to the current version.

(1) The law of the Federal Republic of Germany applies to all contractual relationships between the Provider and the Customer. The UN Convention on Contracts for the International Sale of Goods is excluded, insofar as it would apply at all.

(2) The exclusive place of jurisdiction for disputes arising from or in connection with the contractual relationship is Düsseldorf, insofar as such a choice of jurisdiction is legally permissible.

(3) The Provider remains entitled to assert claims at the Customer’s general place of jurisdiction, insofar as this is legally permissible.

(4) Should a provision of these Terms be or become invalid in whole or in part, the remaining provisions remain valid in accordance with the statutory provisions. The statutory provisions take the place of invalid provisions.

(5) Contractually agreed individual provisions take precedence over these Terms in the event of a conflict.

(6) The contract language is German, unless the parties have expressly agreed on another contract language.

(1) The dpa add-on package comprises licensed reports of the Deutsche Presse-Agentur (dpa) in dedicated dpa channels. The reports are delivered unchanged, in German and with source attribution. They are not edited by artificial intelligence.

(2) The add-on package is a standalone product with its own fee, monthly billing and its own daily quota. It requires a paid plan. If a retrieval contains at least one dpa report, it counts in full against the dpa quota.

(3) The add-on package renews by one month at a time. The Customer may cancel it at any time via the customer account or in text form; § 14 (3) and (5) apply accordingly. The add-on package also ends upon termination by the Provider under § 14 (6) or under § 12 (8). If the paid plan ends, the add-on package ends at the end of its current billing month; a change between paid plans does not affect it.

(4) In addition to §§ 6 and 7, the following applies to the use of dpa content:

• The content may only be displayed unchanged. Shortening, rewriting, translating and editing are not permitted; technical adjustments to the screen format (font size, line breaks) are permitted.
• The source attribution supplied (dpa and, where applicable, the photographer) must be visible every time the content is displayed.
• An image may only be shown together with the report it was delivered with.
• The content may only be displayed as long as the interface delivers it. Storage, archiving or later reuse beyond technical caching in the player is not permitted.
• Use outside display on the screens used in accordance with the contract, in particular on websites, in apps or on social media, is not permitted.

(5) If the licence agreement between the Provider and dpa ends or is changed so that passing on the content is no longer possible, the Provider may discontinue the add-on package in accordance with § 7 (7). It refunds fees paid in advance for the period thereafter on a pro rata basis.

(6) If the Provider assigns a dpa add-on package free of charge or it is billed under another contract, paragraphs 1, 2, 4 and 5 apply accordingly. If it is assigned free of charge, paragraph 2 sentence 2 does not apply. If the add-on package is billed under another contract, it ends with the paid plan.