- GTC's for the use of the picture-wise service -
The following general terms and conditions regulate the contractual relationship between the customer (hereinafter referred to as "customer" or "you" or "you") and us with regard to the use of the picture-wise service (hereinafter referred to as "service"). Provider is Photostore24.online GmbH (hereinafter referred to as "we" or "us").
1. subject matter of the contract, contradictory terms and conditions
1.1. The subject matter of the contract is the provision of a SaaS solution (Software as a Service) for the creation of a gallery and WebApp (mobile website with the look and feel of an app) on which the User can display his name/company, logo and photos. The WebApp is especially tailored to the needs of photographers who want to provide their clients with photos created on their behalf for viewing on the WebApp (and storage on the client's device) and at the same time provide their clients with an easy way to share the images with third parties (by giving the client access to the WebApp to third parties of their choice to view and store the images). In this way, the client can also bring his name/company and logo to the attention of third parties.
1.2. These General Terms and Conditions shall only apply to business transactions with entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).
1.3. These General Terms and Conditions shall apply exclusively. General terms and conditions of the customer shall only apply if and insofar as this has been expressly agreed in writing.
2. conclusion of the contract, language of the contract, storage of the terms of the contract
2.1. Paid services:
2.1.1. The presentation of our services on the website does not constitute an offer to conclude a contract. In order to conclude the contract, you go through the ordering process on the website and enter the information requested in the process. Only when you then send the order do you make us a binding offer to conclude a contract. We may accept your offer by sending you an order confirmation by e-mail.
2.1.2. The contract language is English.
2.1.3. We store your order data and these General Terms and Conditions. You can print or save the order data as they are displayed to you before sending the order and these General Terms and Conditions of Business by using the usual functionality of your browser (there usually "Print" or "File" > "Save as").
2.2. Free services (free version of the service):
2.2.1. The provision of the website does not yet constitute a binding offer to conclude a corresponding contract of use. Rather, a binding offer is only made when the user submits his or her registration request to us via the website. We may accept this offer by confirming the user's registration by sending a registration confirmation by e-mail or by posting content or ratings transmitted by the user on the platform.
2.2.2. The contract language is English.
2.2.3. We store your order data and these General Terms and Conditions. You can print or save the order data as displayed to you before submitting the order and these General Terms and Conditions of Business by using the usual functionality of your browser (there usually "Print" or "File" > "Save as").
3. provision of the service
3.1. We shall make the Service available to the Customer in the functional scope described in more detail in the service description on the website (hereinafter referred to as "Service Description") and subject to the functional requirements also stated therein.
3.2. We shall use the Service in the respective current version within the scope of technical possibilities if the change of the version is reasonable for the Customer taking into account our interests. We will notify the user of a change to the service that will affect the customer's use of the service possible up to that time no later than two weeks before the date of the change. However, the customer shall have no claim to the use of a newer version of the service designated in the service description.
3.3. Unless otherwise agreed, we shall provide the Customer with the Service at the Delivery Point with an availability of 99.5%. The availability is calculated on the basis of the time allotted to the respective calendar month in the contractual period minus the maintenance periods. We are entitled to carry out maintenance work between midnight and 6 a.m. and/or on weekends for a total of five hours per calendar month. During the maintenance work, the aforementioned services are not available or are only available to a limited extent.
3.4. The customer uploads the content and manages it there via a CMS. The customer is not entitled to allow third parties - including his clients - to use the service for the purpose of uploading and displaying content. Excluded from this are the intended group of users of the Service such as freelancers or contractors of the Customer who work for the Customer in the contractual area of use of the Service.
3.5. We shall provide the Customer with a digital assistant to guide the Customer through the installation and use of the Service.
4. processing of personal data
4.1. If the Customer processes personal data within the scope of this contractual relationship, the Customer shall be responsible for compliance with the provisions of data protection law. We will process the data provided by the customer only in accordance with the customer's instructions.
5. data output
5.1. In the event of deregistration from our service or other termination of registration, we shall, upon request, immediately provide the customer with a copy of the data stored by him on the storage space allocated to him. The customer is obligated to reasonably cooperate in the transfer of his data. The customer shall take over the data upon expiry of the contract via the data export function. We shall keep the data on our servers for the purpose of handing it over or making it available for retrieval by the customer until 14 days after the expiry of the contract term. After that, we are entitled to delete the data. Irrespective of this, we will of course delete the data upon your request, which may be made at any time.
6. data backup
6.1. We will make at least one backup of the customer's data on the data server every working day.
6.2. The customer will also download his data at least once a day and save it on his own resources so that it can be reproduced at any time. We will provide a data export function.
7. access authorizations
7.1. The customer may only disclose the access data to his customer account to users authorized by him. All users are obliged to treat this access data confidentially.
8. cooperation of the customer
8.1. The contractual use of our services is dependent on the hardware and software used by the customer or his clients, in particular the mobile end devices, meeting the minimum technical requirements for the use of the currently offered version of the service. The minimum technical requirements are listed in the service description on the website.
9. requirements for content that the customer places in the WebApp
9.1. Compliance with applicable laws: You must ensure that the content you place in the WebApp does not violate any relevant legal provisions. These include, for example, the law on the protection of minors, provisions of criminal law, the prohibition of unfair, misleading or otherwise anti-competitive advertising under the UWG or the requirements of the Price Indication Ordinance.
9.2. No infringement of third-party rights: You are responsible for ensuring that your content does not infringe any third-party industrial property rights or third-party intellectual property rights, such as rights to a name, trademark rights (brands, registered designs) or copyrights, and that it does not infringe any third-party data protection rights or personal rights.
9.3. Duty to provide an imprint: You must ensure that you include an imprint in your WebApps that complies with the duty to provide an imprint within the meaning of Section 5 of the German Telemedia Act (Telemediengesetz), unless your WebApp serves exclusively (your own) private or family purposes and has no effect on the market.
10. Blocking of WebApps
10.1. We are permitted to block WebApps if there are indications that their content is illegal or violates the rights of third parties. For these purposes, an indication of illegality or infringement shall be deemed to be, among other things, if third parties take measures of any kind against us or against you and base these measures on the allegation of illegality and/or infringement. The blocking shall be lifted as soon as the suspicion of illegality and/or infringement has been dispelled.
10.2. We shall notify you immediately of any blocking and request you to dispel the allegation within a reasonable period of time. After fruitless expiry of the deadline, we shall have the right of immediate termination.
11. Remuneration
11.1. The customer shall pay the fees for the services selected by him in accordance with our price list or other price list valid at the time of conclusion of the contract.
11.2. If we increase prices in general, we shall be entitled to increase the contractual prices in the same way. However, the first change in the contractual prices may not be made before 6 months have elapsed and the last price change may not be made less than 6 months ago. In addition, the price change must be within the limits of reasonable discretion (Section 315 (3) BGB).
11.3. Item 12.2 shall apply mutatis mutandis to a change in the price model, as well as to a combination of price increase and change in the price model.
12. term of contract
12.1. The term of the contract and its terminability are specified in the service description on the website.
12.2. We ourselves have the right to terminate the contract with the same notice period as the customer.
12.3. The right of termination for good cause remains unaffected.
13. Liability for defects
13.1. If the services rendered by us are defective because their suitability for contractual use is not only insignificantly impaired, we shall be liable for material defects and defects of title in accordance with the statutory provisions. We shall only be liable for defects in the software which were already present when it was provided to the customer if we are responsible for these defects.
13.2. The customer shall notify us of any defects without delay.
13.3. Claims for defects shall become statute-barred after one year, unless the defect was fraudulently concealed. Excluded from this are claims for damages arising from injury to life, body or health which are based on a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent of ours, and claims for other damages which are based on a grossly negligent breach of duty by us or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ours; the statutory limitation period shall apply to these claims.
14. Exclusions and limitations of liability
14.1. The following exclusions and limitations of liability shall apply to our liability for damages, without prejudice to the other statutory prerequisites for claims:
14.1.1. We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (so-called cardinal obligation). Otherwise, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, shall be excluded.
14.1.2. If we are liable for simple negligence pursuant to Section 14.1, our liability shall be limited to the damage that we could typically expect to occur under the circumstances known at the time of conclusion of the contract.
14.1.3. The above exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods or services, nor to damages which must be compensated under the Product Liability Act, nor to damages to life, body or health, nor to statutory claims.
14.1.4. The above exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whose services we use for the performance of the contract.
15. references
15.1. We may refer to the customer in publicly accessible reference lists (e.g. on a website) unless the customer objects to this in text form. An objection is possible at any time.
16. Amendment of the Terms and Conditions
16.1. Unless otherwise specifically provided, we shall be entitled to amend or supplement these Terms and Conditions as follows. We shall notify the customer of the amendments or supplements in text form no later than three weeks before they take effect. If the customer does not agree with the changes or additions, he may object to them with a notice period of one week from the date on which the changes or additions are intended to take effect. If the customer does not object, the changes or additions shall be deemed to have been approved by him. When notifying the customer of the changes or amendments, we shall specifically draw the customer's attention to the aforementioned significance of its conduct, in particular its silence after receipt of our notification.
17. Applicable law and place of jurisdiction
17.1. he law of the Federal Republic of Germany shall apply.
17.2. The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company. However, we shall be entitled, at our discretion, to bring an action at the customer's place of business.
Status September 16th 2016