by

Waterproof Web Wizard GmbH
Schmiduzweg 4
88255 Baienfurt

- hereinafter: Contractor -

Part 1 – General Provisions

1.1 General

1.1.1 The Contractor offers the Client various agency services. The specific scope of services is the subject of individual agreements between the Contractor and the Client.

1.1.2 The Contractor does not enter into contracts with consumers or private individuals.

1.1.3 The Contractor is entitled, in its own name and on its own account, to subcontract the necessary services to subcontractors, who in turn may also engage subcontractors. Subject to any contrary agreements, the Contractor remains the sole contractual partner of the Client. Subcontractors shall not be engaged if it is apparent to the Contractor that their engagement would conflict with the Client’s legitimate interests.

1.1.4 To the extent that, in addition to these General Terms and Conditions, other contractual documents in written form have become part of the contract, the provisions of such other contractual documents shall take precedence over these General Terms and Conditions in the event of any conflict.

1.1.5 The Contractor does not recognize any terms and conditions used by the Customer that deviate from these Terms and Conditions, unless expressly agreed upon.

1.2 Customer’s Obligations to Cooperate

1.2.1 If the Client provides the Contractor with texts, images, or other content for the performance of the commissioned services, the Client must ensure that such content does not infringe upon the rights of third parties (e.g., copyrights, trademark rights, etc.) or violate other legal norms. In this context, it is noted that the Contractor is not legally entitled to provide legal advisory services to the Client. In particular, the Contractor is neither obligated nor legally able to review the Client’s business model and/or the works created or acquired by the Client (layouts, graphics, texts, etc.) for their compliance with applicable law. In particular, the Contractor will not conduct any trademark searches or other intellectual property conflict checks with respect to the works provided by the Client. To the extent that the Client issues specific instructions regarding the work to be produced, the Client shall be solely liable for such instructions.

1.2.2 The Client is obligated to provide the information, data, works (e.g., data for the legal notice, graphics, logos, etc.), and access credentials required for the fulfillment of the order in a complete and accurate manner. The Client must also ensure that the instructions provided by them comply with applicable law.

1.2.3 Unless otherwise agreed upon individually, the customer is personally responsible for procuring the materials required to perform the agency services (e.g., graphics, videos) and shall make these available to the contractor in a timely manner. If the Client fails to provide such materials and does not provide any further specifications, the Contractor may, at its discretion and in compliance with copyright labeling requirements, use image material from common providers (e.g., stock photo service providers) or insert a placeholder for the relevant sections of the website.

1.2.4 If the conclusion of a data processing agreement pursuant to Art. 28 GDPR is required for individual components of the order, both contracting parties undertake to conclude such an agreement—to be provided by the Contractor—prior to the commencement of service provision.

1.2.5 The Contractor shall not be liable to the Customer in any way for delays in the implementation of projects resulting from the Customer’s delayed (necessary) cooperation or contribution; the provisions under the heading “Liability/Indemnification” remain unaffected by this.

1.2.6 If the Client fails to fulfill its obligations to cooperate under this section, the Contractor may invoice the Client for the additional expenses incurred as a result (e.g., costs for stock photos and time spent searching for them).

1.3 Use of Artificial Intelligence (AI)

1.3.1 The Contractor is entitled to use artificial intelligence technologies (AI tools) to create content (e.g., text, images, audio, or video) as part of the service provision. Unless otherwise agreed, all content generated by AI will be reviewed by a human after its creation and adjusted as necessary. AI tools shall not be used if it is apparent to the Contractor that their use conflicts with the Client’s legitimate interests. If the Client does not want AI technologies to be used for certain projects or parts thereof, the Client must independently notify the Contractor of this in writing.

1.3.2 The Contractor warrants that content created wholly or partially using AI does not infringe the rights of third parties. If exclusive rights of use are to be transferred for content created in whole or in part with the aid of AI, the Contractor shall ensure that such a transfer of rights of use is possible (e.g., by modifying the AI-generated works in such a way that a sufficient level of creativity is achieved and thus copyright protection is secured).

1.3.3 Separate labeling of AI-generated content is only required if and to the extent that such labeling is mandated by law, or if it is already foreseeable at the time of service provision that a labeling requirement will be mandated by law in the foreseeable future (e.g., due to provisions in the AI Regulation). The same applies to disclosures stating that certain work products were created with the aid of artificial intelligence.

Part 2 – Online Presence and Technology

2.1 Website and Online Store Development (Agile)

2.1.1 Unless otherwise agreed upon in individual agreements, the creation of new or the expansion of existing websites/shops or website/shop components (hereinafter “website creation”) shall be based on agile methods. The remaining provisions of these General Terms and Conditions remain unaffected.

2.1.2 The subject matter of website creation contracts between the Contractor and the Client is generally the development of new websites or the expansion of existing websites (e.g., integration of new interfaces or programming of new online applications) in accordance with the Client’s technical and/or design specifications. Website development contracts concluded between the parties are contracts for work and services within the meaning of Sections 631 et seq. of the German Civil Code (BGB).

2.1.3 The specific services agreed upon are set forth in the contract individually concluded between the Contractor and the Client. To this end, the client shall first submit a request to the contractor with as precise a description as possible of the website content desired by the client (design elements such as images, layouts, logos, fonts, etc. are to be determined and provided by the client, unless otherwise agreed). This request constitutes an invitation to the contractor to submit an offer. The Contractor shall examine the Client’s specifications described in the inquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, particularly with regard to the rights of third parties), clarity, feasibility, and consistency, and shall prepare an offer based on the wishes expressed in the Client’s inquiry. A contract between the Contractor and the Customer is only concluded upon the Customer’s acceptance of the offer.

2.1.4 The client may submit client requests at any time, provided they are covered by the originally agreed scope of services. Such adjustments shall become part of the original contract if both contracting parties agree in writing (e.g., via email). Otherwise, the Contractor is only obligated to produce the functions/items listed in the contract or to provide the agreed-upon service. Any services beyond this scope must be agreed upon and compensated separately.

2.1.5 As soon as the website has been completed, the Contractor will request the Client to accept the website.

2.1.6 A prerequisite for the Contractor’s work is that all data (e.g., texts, templates, graphics, fonts) and/or system environments to be provided by the Client and necessary for the implementation of the project are made available to the Contractor in a timely manner and in a suitable form. The Contractor shall not be liable to the Client in any way for delays in the implementation of projects resulting from the Client’s late (necessary) cooperation or contribution.

2.1.7 The contractor is only obligated to verify or obtain rights, procure and/or integrate plugins and/or tools (e.g., statistics) or certificates (e.g., SSL/TLS) to the extent that this is expressly agreed upon in an individual contract. There is no entitlement to the delivery of graphics, source codes, (development) documentation, manuals, and other supplementary documentation—unless otherwise expressly agreed upon in an individual contract.

2.1.8 Unless otherwise agreed, the websites created are optimized for the browsers Chrome, Safari, Firefox, and Edge in their current versions (the last two versions of each browser). Search engine optimization (SEO) is only required if it has been expressly agreed upon.

2.1.9 The Contractor is neither entitled nor obligated to advise the Client on competition, consumer, labeling, or other legal matters within the meaning of the Legal Services Act. It is therefore the Client’s responsibility to inform themselves about the competition, consumer, or labeling law provisions applicable to their shop and, if necessary, to have the shop reviewed by a specialized attorney.

2.1.10 Upon completion of the websites and/or individual parts thereof, the Contractor may offer the Client maintenance and support services regarding the websites. However, the Contractor is not obligated to make such an offer, nor is the Client required to avail themselves of the Contractor’s additional service offerings. Such agreements are exclusively subject to individual agreements. If no additional maintenance and support services are agreed upon between the parties, the Client shall be solely responsible for the technical maintenance and up-to-date status of the websites following acceptance. The Contractor shall not be liable to the Client for any security vulnerabilities that are exploited for unlawful purposes (hacking) through the use of outdated third-party software.

2.2 Website and Online Store Creation (Requirements and Specifications)

2.2.1 If the parties have agreed on the creation of new or the expansion of existing websites/shops or website/shop components (hereinafter “website creation”) based on a requirements specification, the order will be processed in accordance with this section.

2.2.2 The subject matter of website creation contracts between the Contractor and the Client is generally the development of new websites or the expansion of existing websites (e.g., integration of new interfaces or programming of new online applications) in accordance with the Client’s technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work and services within the meaning of Sections 631 et seq. of the German Civil Code (BGB).

2.2.3 The scope of the services to be provided by the Contractor is determined, on the one hand, by individual contractual agreements between the parties and, on the other hand, by a detailed requirements specification prepared by the Client, as well as the functional specification based thereon. The Contractor shall examine the Client’s specifications described in the requirements specification to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, particularly with regard to the rights of third parties), clarity, feasibility, and consistency. Should the Contractor determine that the specifications contained in the requirements specification are not suitable for the creation of a website, the Contractor shall immediately notify the Client and submit a corresponding proposal for an addition and/or amendment to the requirements specification. The Client must respond to any proposals made by the Contractor regarding the specifications within a reasonable period of time in writing or in text form and finally confirm the contents of the specifications to the Contractor in a binding manner in writing or in text form. If the parties reach an agreement regarding the specifications, their contents shall become part of the contract.

2.2.4 Based on the requirements specification, the Contractor shall prepare a functional specification that primarily describes the technical and/or design implementation of the specifications contained in the requirements specification. Upon completion, the Contractor shall submit the functional specifications to the Client for approval. The Client is entitled to reject the functional specifications prepared by the Contractor and to communicate requests for changes or adjustments. The Contractor undertakes to submit a maximum of two alternative proposals, taking the Client’s wishes into account. If the client ultimately does not agree with the contractor’s final proposal, the client or the contractor may—to the extent permitted by law—terminate the contractual relationship for cause or withdraw from the contract. In this case, the client shall reasonably reimburse or compensate the contractor for any fees and/or expenses incurred in connection with the requirements specification and/or specifications.

2.2.5 If the specifications are accepted by the client, the services described therein shall be deemed to have been finally agreed upon between the parties. Any deviation from the contents of the specifications accepted by the client requires an express individual agreement between the parties. The Contractor shall not provide any services beyond those described in the specifications accepted by the Client. Likewise, the Contractor shall generally not provide any reduced services in relation to those described in the specifications accepted by the Client. Following the Client’s acceptance of the specifications, the Contractor shall develop and program the websites in accordance with the agreed specifications.

2.2.6 In addition to the specifications, the Contractor shall provide the Client with a schedule and work plan. The contents and specifications of this schedule and work plan shall become part of the contract unless the Client objects immediately. The Contractor undertakes to deliver the completed website or parts thereof to the Client on a suitable data carrier and/or send it via email and/or upload it to a server specified by the Client by the deadline stated in the schedule. The details of the delivery or upload of the completed websites are otherwise subject to individual contractual agreements between the parties.

2.2.7 A prerequisite for the Contractor’s work is that all data (e.g., texts, templates, graphics) and/or system environments to be provided by the Client and necessary for the implementation of the project are made available to the Contractor in a timely manner and in a suitable form. The Contractor shall not be liable to the Client in any way for delays in the implementation of projects resulting from the Client’s late (necessary) cooperation or contribution.

2.2.8 As soon as the website has been completed, the Contractor will request the Client to accept the website. If necessary, a testing phase may be agreed upon prior to acceptance. If the Client discovers errors prior to acceptance or during an agreed testing phase, they shall notify the Contractor of these in writing or in text form. The Contractor shall endeavor to correct the errors in a professional manner. For this purpose, the Contractor may provide temporary workarounds.

2.2.9 The Contractor is only obligated to verify or obtain rights, procure and/or integrate plugins and/or tools (e.g., statistics) or certificates (e.g., SSL/TLS) to the extent that this is expressly agreed upon in an individual contract. There is no entitlement to the delivery of graphics, source codes, (development) documentation, manuals, and other supplementary documentation—unless otherwise expressly agreed upon in an individual contract.

2.2.10 Unless otherwise agreed, the websites created are optimized for the browsers Chrome, Safari, Firefox, and Edge in their current versions (the last two versions of each browser). Search engine optimization (SEO) is only required if it has been expressly agreed upon.

2.2.11 The Contractor is neither entitled nor obligated to advise the Client on competition, consumer, labeling, or other legal matters within the meaning of the Legal Services Act. It is therefore the Client’s responsibility to inform themselves about the competition, consumer, or labeling law provisions applicable to their shop and, if necessary, to have the shop reviewed by a specialized attorney.

2.2.12 Upon completion of the websites and/or individual parts thereof, the Contractor may offer the Client maintenance and support services regarding the websites. However, the Contractor is not obligated to make such an offer, nor is the Client required to avail themselves of the Contractor’s additional service offerings. Such agreements are exclusively the subject of individual agreements. If no additional maintenance and support services are agreed upon between the parties, the Client shall be solely responsible for the technical maintenance and up-to-date status of the websites following acceptance. The Contractor shall not be liable to the Client for any security vulnerabilities that are exploited for unlawful purposes (hacking) through the use of outdated third-party software.

2.3 Maintenance and Support of Websites / Online Stores

2.3.1 Upon completion of the websites and/or individual parts thereof, the Contractor may offer the Customer maintenance and support services in relation to the websites (hereinafter “Maintenance Contracts”). The Contractor may also offer maintenance of third-party websites. However, the Contractor is under no obligation to make such an offer, nor is the Client required to avail themselves of the Contractor’s additional service offerings. Corresponding agreements are subject exclusively to individual arrangements.

2.3.2 The scope of the maintenance contracts includes the resolution of malfunctions as well as the ad hoc updating of the website for common web browsers in their current versions. Additional services, such as regular maintenance, may be agreed upon in individual contracts as needed.

2.3.3 The Contractor shall not be liable for malfunctions and incompatibilities caused by unauthorized changes made by the Customer or resulting from other errors that fall outside the Contractor’s sphere of responsibility; the provisions under “Liability/Indemnification” remain unaffected by this.

2.3.4 Unless otherwise agreed, maintenance covers only technical updates to the website, not content updates. Unless otherwise agreed in individual contracts, the Contractor is not obligated, in particular, to update the legal notice or the privacy policy.

2.4 Web Hosting

2.4.1 The Contractor also offers the Client hosting services for the websites/online stores created by the Contractor. The Contractor will use third-party servers to perform its services. The Contractor will inform the Client about the servers and third-party providers used prior to the conclusion of the contract. The specific scope of services (domain management, storage space, email hosting, certificates, etc.) is subject to individual agreements between the parties.

2.4.2 The availability of the servers used by the Contractor for hosting purposes shall be at least 99 percent on an annual average. Excluded from this are periods during which the servers are unavailable due to events beyond the Contractor’s control (force majeure, acts of third parties, technical problems outside the Contractor’s sphere of influence, etc.).

2.4.3 It is the Customer’s responsibility to create regular backup copies of their hosted data. If the Customer is unable to do so, they must commission the Contractor or other technically qualified third parties to perform the backup. The Customer is solely liable for any data loss resulting from a lack of data backup.

2.4.4 No content may be stored on the provided storage space that is offensive, extremist, glorifies or trivializes violence, incites hatred, is right-wing extremist, discriminatory, anti-constitutional, harmful to minors, or pornographic; that violates the rights of third parties (e.g., trademark and copyright law) or other applicable law or public decency (in particular criminal law and administrative offense law), or that contains malicious code or malware. If the Contractor becomes aware that, within the scope of the hosting service, impermissible content as defined in this paragraph may be stored on the provided storage space, it shall proceed as follows:

2.4.4.1 The Contractor shall immediately conduct a cursory review of the content in question. If the cursory review reveals that the presence of prohibited content cannot be ruled out, the Contractor may, at its sole discretion, temporarily block such content or take other measures appropriate to the level of risk, up to and including the deletion of the content. The Contractor shall request the Customer to submit comments and shall grant the Customer a reasonable period of time to do so.

2.4.4.2 As soon as the Customer’s response is received, or if the Customer has not submitted a response within the granted period, the Contractor shall make a final decision on how to handle the content in question. In particular, the following measures may be considered: a warning; indefinite suspension or permanent deletion of the content; temporary suspension of the customer (alternatively, a partial suspension may also be imposed); ordinary or extraordinary termination of the contract; filing a criminal complaint or reporting the matter to the public order office (if a criminal offense is suspected that may pose a danger to a person’s life, limb, or safety, the Contractor is legally obligated to report it). The Contractor will implement the respective measure only after a thorough and objective assessment, taking into account in particular the severity of the violation, the total number of violations, potential impacts on the services provided by the Contractor, its customers, and other third parties, the overall conduct (e.g., awareness of the violation), the degree of fault (intent, negligence), the motives for the violation (to the extent identifiable), and the customer’s statement (if available).

2.4.4.3 The Contractor shall inform the Customer of the assessment, its outcome, and the measures decided upon, provided that no legal grounds preclude this.

2.4.4.4 The Contractor will not proactively review the stored content and—unless otherwise specified—will not perform automated checks of the stored content. However, the Contractor will take action as soon as it identifies such content itself or is notified of such content by third parties. If the Client becomes aware of such content, they may, of course, contact the Contractor at any time; for this purpose, they may use the contact information provided in the legal notice.

Part 3 – Creation and Design of Content

3.1 Creation of Texts / Copywriting

3.1.1 The Contractor shall create, among other things, texts for the Client (e.g., press releases, website content, advertising copy, etc.). The content of these texts shall be specified in an individual contract.

3.1.2 As soon as the agreed-upon texts have been completed, the Contractor will submit them to the Client for approval and acceptance. Unless otherwise agreed, the Client is entitled to two rounds of revisions. Complaints regarding stylistic design or the incorporation of new information into the text are generally excluded after the second round of revisions. If the client requests further changes beyond this, they shall bear the additional costs.

3.1.3 Unless otherwise agreed, if the Contractor has been commissioned to handle publication, the texts will be published only after approval by the Client; such approval also constitutes acceptance of the texts. For press releases, a distribution date will also be set after approval, on which they are to be transmitted to the media. If the client publishes the texts themselves or is to publish them, they must accept the texts in advance. If the client publishes the texts prior to acceptance, the publication shall be deemed acceptance.

3.1.4 The Contractor shall be liable for errors discovered after approval/acceptance exclusively in accordance with the provisions under the heading “Liability/Indemnification.”

3.2 Design and Conceptualization of Graphics and Logos (Designs)

3.2.1 The Contractor shall, upon agreement with the Customer, undertake the conception and design of graphics and/or logos (hereinafter “Designs”).

3.2.2 To this end, the Client shall first submit a request to the Contractor with as precise a description as possible of the Designs desired by the Client. This request constitutes an invitation to the Contractor to submit an offer. The Contractor shall examine the Client’s ideas described in the request to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, particularly with regard to the rights of third parties), clarity, feasibility, and consistency, and shall prepare an offer based on the wishes expressed in the Client’s request. A contract between the Contractor and the Client is only concluded upon the Client’s acceptance of the offer.

3.2.3 A prerequisite for the Contractor’s work is that the Client provides the Contractor with all data necessary for the implementation of the project (color specifications, etc.) in full and in a suitable format prior to the start of the project. If the Client fails to fulfill this obligation, the Contractor may invoice the Client for the resulting time expenditure.

3.2.4 Unless otherwise agreed, the client is entitled to two rounds of revisions for each individual design. After these rounds of revisions have been completed, requests for adjustments and complaints (particularly regarding the artistic design) will no longer be considered. If the client requests further changes after the agreed-upon rounds of revisions have been completed, the contractor may produce these for the client in exchange for an additional fee to be agreed upon.

3.2.5 As soon as the agreed-upon design has been completed, the Contractor will request the Customer to approve the work. The designs will be sent to the Customer in a standard file format.

3.2.6 The Contractor grants the Client the rights of use to the designs necessary for the respective purpose. Subject to any deviating provisions, the creation of logos grants an exclusive right of use that is unlimited in terms of time, location, and content; however, individual graphic elements of the logos may be used for the creation of other works, provided this does not create a risk of confusion with the created logo. For all other designs, a simple right of use is granted, subject to any deviating individual agreements. Any transfer of the rights of use by the client to third parties requires an individual contractual agreement with the contractor. The drafts presented during the revision process may not be used, reproduced, or disclosed to third parties by the client—either in their original form or in a modified form—without the express consent of the contractor.

3.2.7 The rights of use shall not pass to the client until full payment of the remuneration has been made.

Part 4 – Marketing

4.1 SEO Marketing

The Contractor offers the Client, among other things, services in the field of SEO marketing. As part of the provision of services, the Contractor is solely obligated to implement measures that, in the Contractor’s own experience, may positively influence search engine rankings or that are expressly ordered by the Client. This constitutes a service within the meaning of Sections 611 et seq. of the German Civil Code (BGB). However, a specific result (e.g., a specific ranking in the search engine results list) is only owed within the scope of the SEO services if this has been expressly guaranteed.

4.2 SEA Campaigns

The Contractor offers the Client services in the area of SEA campaigns. Within the scope of service provision, the Contractor is solely obligated to submit proposals regarding effective advertising keywords and, upon the Client’s approval, to implement the measure (placement of advertisements). These are services within the meaning of Sections 611 et seq. of the German Civil Code (BGB). A specific result (e.g., sales figures) is not guaranteed within the scope of SEA services, unless this has been expressly warranted. The Contractor is not obligated to verify the legality of keywords. The Contractor submits proposals to the Client regarding the booking of keywords. The legal review, in particular regarding third-party trademark rights and the approval of keywords, is the responsibility of the client prior to the campaign’s implementation. The fee agreed upon for the services described herein does not include the costs for placing paid advertisements; unless otherwise agreed, these costs are to be borne by the client.

4.3 Placement of Advertisements

4.3.1 The Contractor shall assist the Client with placing advertisements on social media platforms, search engines, and other media (“Advertisements”).

4.3.2 The Contractor advises the Client on how to design their ads to ensure the highest possible visibility. However, specific results (e.g., sales figures, leads) are not guaranteed.

4.3.3 The Contractor shall also assist the Client in designing the text and images for the advertisements. However, the selection of content for the advertisements (images, text, videos, legal notices, etc.) is the sole responsibility of the Client. The Contractor shall not review this content, nor the advertisements as a whole, for factual or legal accuracy. In this regard, it is expressly noted that the Contractor is not authorized to provide legal advice to the Client. Should the Contractor nevertheless determine in individual cases that the content provided by the Client and/or the advertisements violate applicable law, the Contractor may refuse to post such content or create the advertisements.

4.3.4 All content must be approved by the Client and will thereafter be uploaded by the Contractor to the respective advertising channels, whereby the Contractor is only obligated to perform the technical upload of the content and is solely responsible for this; the provisions under “Liability/Indemnification” remain unaffected.

4.3.5 The fee agreed upon for the services described herein does not include the costs for placing paid advertisements; unless otherwise agreed, these costs shall be borne by the Client.

Part 5 – Miscellaneous Provisions

5.1 Prices and Remuneration

Remuneration for the Contractor’s services is the subject of an individual contractual agreement between the parties and is generally based on the offer.

5.2 Cost Estimates, Offers, and Project Scoping

5.2.1 Rough cost estimates (orders of magnitude/ranges) are non-binding and free of charge.

5.2.2 A binding fixed-price offer requires a project scoping to be commissioned separately. The scoping includes requirements analysis, technical architecture, a timeline, and a binding fixed price, and is provided as an independent work performance (§ 631 BGB).

5.2.3 The scoping is prepared exclusively upon express written request (§ 126b BGB, e.g., via email confirmation). The fee is a flat rate of €250 net, unless otherwise agreed in the order confirmation. With this agreement, the obligation to pay remuneration within the meaning of § 632 (3) BGB is deemed to have been expressly established.

5.2.4 Upon full payment of the scoping fee, the client receives the result (fixed-price roadmap) for free use.

5.2.5 If the Client awards the main contract, the scoping fee shall be credited in full against the project total; there is no time limit on such crediting.

5.2.6 If no main contract is concluded, the scoping fee is due for payment 14 days after delivery of the roadmap.

5.3 Acceptance

If a work-based service has been agreed upon, the Contractor shall request acceptance from the Client. The acceptance period within the meaning of Section 640(2) Sentence 1 of the German Civil Code (BGB) is set at 2 weeks from the request for acceptance, unless, in individual cases due to special circumstances, a different acceptance period is required, in which case the Contractor shall notify the Client separately. Unless the Customer responds within this period or refuses acceptance due to a defect, the work shall be deemed accepted.

5.4 Warranty for Defects

A minor defect does not give rise to claims for defects. The choice of the type of subsequent performance lies with the Contractor. The statute of limitations for defects and other claims is one (1) year; this shortened limitation period does not apply to claims resulting from intent, gross negligence, or injury to life, limb, or health caused by the Contractor. The limitation period does not restart if subsequent performance is provided under the warranty for defects. In all other respects, the statutory warranty for defects remains unaffected.

5.5 Grant of Rights, Self-Promotion, and Right of Mention

5.5.1 Upon full payment of the order by the Customer, the Contractor generally grants the Customer a simple, non-transferable right of use to the corresponding work results. Further rights may be agreed upon in individual contracts.

5.5.2 Unless otherwise agreed, the Client expressly grants the Contractor permission to publicly present the project in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, the Contractor is entitled to advertise using the business relationship with the Client and to identify itself as the creator on all advertising materials produced and in all advertising campaigns, without the Client being entitled to any compensation for this.

5.5.3 Furthermore, the Contractor is entitled to place its own name, with a link, in an appropriate manner in the footer and in the legal notice of the website(s) created by the Contractor, without the Client being entitled to any compensation for this.

5.6 Confidentiality

The Contractor shall treat all business transactions that come to its attention as confidential, in particular, but not exclusively, print documents, layouts, storyboards, numerical data, drawings, audio tapes, images, videos, DVDs, CD-ROMs, memory cards, passwords, interactive products, and any other documents containing films and/or radio plays and/or other copyright-protected materials of the Client or its affiliated companies. The Contractor undertakes to impose the duty of confidentiality on all employees and/or third parties (e.g., suppliers, graphic designers, programmers, film producers, recording studios, etc.) who have access to the aforementioned business transactions. The duty of confidentiality shall remain in effect indefinitely beyond the term of this Agreement.

5.7 Liability/Indemnification

5.7.1 The Contractor shall be liable without limitation on any legal grounds in cases of intent or gross negligence, in cases of intentional or negligent injury to life, limb, or health, based on a warranty promise, unless otherwise stipulated in this regard, or based on mandatory liability, such as under the Product Liability Act. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding sentence. Essential contractual obligations are obligations that the contract imposes on the Contractor, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely. In all other respects, the Contractor’s liability is excluded. The foregoing liability provisions also apply with respect to the Contractor’s liability for its vicarious agents and legal representatives.

5.7.2 The Customer shall indemnify the Contractor against any claims by third parties asserted against the Contractor due to the Customer’s breaches of these General Terms and Conditions or applicable law.

5.8 Final Provisions

5.8.1 The contracts concluded between the Contractor and the Customer are governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

5.8.2 If the Customer is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the Contractor’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.

5.8.3 The Contractor is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g., changes in case law, the legal situation, market conditions, or business or corporate strategy) and subject to reasonable notice. Existing customers will be notified of this by email no later than two weeks before the amendment takes effect. Unless the existing customer objects within the notice period specified in the change notification, their consent to the change shall be deemed to have been given. If they object, the changes shall not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily as of the effective date of the change. The notification of the intended amendment to these Terms and Conditions will specify the deadline and the consequences of objecting or failing to object.