General terms and conditions
Picture Framing GmbH
The following General Terms and Conditions come into effect on 01.11.2024. Until then, the following version of the General Terms and Conditions will apply:
LINK to the General Terms and Conditions with the status up to 31.10.2024
These Terms and Conditions apply to all cloud services sold under the name Mozaik ("Services") provided by Picture Framing GmbH, Eichenstrasse 15, 87648 Aitrang ("We") to other companies or legal entities ("You").
You and we are also referred to individually as the "Party" or collectively as the "Parties."
1. Conclusion of contract, subscription
A contract for our services ("subscription") is concluded when you accept an offer from us - either by placing an order on our website or via the sales team.
Each individual subscription is a stand-alone contract that is independent of any other subscriptions you purchase from us.
1.1 Our offer
We offer various services (Software as a Service) on our website. Our offerings do not include an offer for you to purchase our software.
Rather, we offer you to access a limited amount of the Services over the Internet for a specified period of time and to use those Services in accordance with these Terms.
Provided that you are a company based in an EU member state or Switzerland or are acting on behalf of such a company, or that we have sent you an explicit offer stating the address, irrespective of your place of business, a subscription is concluded when you order or renew one of the services offered in accordance with the provisions of this contract (together "order" or "order").
1.2 Your order
By placing an order, you agree to
(a) the details of the service ordered,
(b) these terms and conditions,
(c) the terms and conditions of your chosen payment service provider, and
(d) that each service is offered "as available",
.
We reserve the right to refuse orders.
If we continue to develop our services during the term of your subscription or if a subscription is renewed, the previous subscription will end and our terms and conditions offered on our website at the time of the development of our services or renewal will apply. If you do not wish to agree to the terms then in force, you may decline an automatic renewal of your subscription or cancel the subscription in question.
You are responsible for the content of any data you submit when placing an order or during the course of the subscription. You warrant that you have the rights necessary for the transmission. You are responsible for the confidentiality of non-public data in connection with the order and use of the services. You will promptly notify us of any changes to the information you have provided to us and update your information in your user account to reflect the changes.
If you use an email address provided by an organization, such as your employer, you represent that you are authorized to use that organization's domain. The owner of the domain to which your e-mail address is assigned has the right to control and manage your account. The data you provide when ordering may be visible to other users of the services within your organization's email domain.
With the user's consent, we may use their profile data, including name and email address, to display content on public platforms, such as a user community. This only takes place after the user has expressly consented to the publication of the data, e.g. in the context of feedback or through active participation in user initiatives.
2. Available services
We offer the following services:
2.1 Mozaik Test Phase
The performance features and remuneration of the "Mozaik Test Phase" service are governed by the relevant information on our website.
2.2 Mozaik Light
The performance features and remuneration of the "Mozaik Light" service are governed by the relevant information on our website.
2.3 Mozaik Individual
Individual conditions apply to the features and remuneration of the "Mozaik Individual" service.
We reserve the right to adapt the names and scope of services of the packages offered. However, such an adjustment has no influence on existing and booked subscriptions, whose name and scope of services remain unchanged during the term. Access to new or adjusted subscription services is only possible through a separate booking
3. Use of the services
3.1 Right of use
You have the non-exclusive, non-transferable right to (a) access and use subscribed Services and (b) exploit videos ("Video(s)") created by you. All other rights remain with us.
You may only use Services in accordance with these Terms. This includes in particular the use of access accounts such as guest accounts, manager accounts and sub-accounts in accordance with the respective restrictions on the number of users and the authorizations of the users.
Unless otherwise contractually agreed, the parallel use of rendering processes is limited to one project at a time. A maximum of six scenes may be used per project. A separate agreement is required for other uses or extended rendering capacities
3.2 Ungranted rights
You have no right to
- Translate, reverse engineer, decompile, disassemble, otherwise modify or circumvent any technical limitations in any Service, except to the extent that an applicable law permits you to do so;
- Disable, modify or bypass features that measure your usage;
- Use Services in a manner that jeopardizes the operation or security of the Services;
- Rent, lease, lend, sell, transfer or host any Services, in whole or in part, for any third party;
- Use Services at any location, should they violate any applicable law in that location, including the creation of videos that are obscene, glorify violence, are racist or fraudulent, or any other content that violates any applicable law or the rights of any third party; or
- Copy, reproduce, store, archive or edit any sample videos, or make them available to third parties in any form or otherwise distribute or commercially exploit them in any form, in whole or in part.
3.3 Third party rights
If you access the Services via mobile applications provided through third party websites, your use of the mobile application is subject to the contractual agreements you have with the third party providing the application.
4. Your duties
4.1 System requirements
The services are made accessible via the Internet. The transfer point is the router output of the data center we use to the Internet.
You shall provide at your expense the hardware/terminal device, the software and the access connection required to use the services from the transfer point, including any necessary URL addresses on your side.
You are responsible for the Internet connection from the transfer point, in particular its performance. A poorly performing Internet connection can have a negative impact on the ability to use our services.
4.2 Access data
You guarantee that the access data to our services will only be used by the agreed holders of the access account, such as guest accounts, manager accounts and sub-accounts.
4.3 Content introduced
In order for us to provide our services in accordance with the agreed services, it is necessary to connect the video content created by you (scenes, texts, logos, colors, personal data and other files) ("content") with our services. You transmit your Content to our server network, where the Content is then captured by our Services.
You warrant that your Content and its transmission to us and its creation into a video do not infringe any third party rights and that you have verified the accuracy of this warranty before transmitting your Content.
You confirm that you are aware of the scope of the rights of third parties that may be affected, e.g. data protection, personal and image rights.
You further warrant that you will not transmit or use any content that violates any applicable laws or other applicable regulations at any location where your video is created or used. You warrant that you will not use our software to create videos with obscene, violent, racist or fraudulent content or any other content that violates applicable laws or the rights of third parties.
4.4 Monitoring
You are responsible for monitoring the use of a service. You will promptly notify us in writing (email) of any use of a service that exceeds the scope agreed to in the subscription. For such additional use, you will pay us our listed prices for the additional use starting from the date the additional use begins and enter into a new subscription covering all such uses with us.
4.5 Storage
We save a video and give you access to the video for the period agreed in the subscription. At the end of the agreed period, we will delete the video. We also reserve the right to delete all links and iFrames (website embeds/embed codes) as well as other content provided in the context of use or provided by you, the user, without an existing active and paid subscription.
4.6 Transfer of rights to us
You grant us the non-exclusive right to use your User Data and your Content (a) for the purpose of providing the Services (including creating videos and performing the processing we choose to do so) and related warranty and support, and (b) to verify compliance with your obligations under this Agreement and your subscriptions.
You grant us the right to process personal data that you provide to us for the use of the Service as necessary for the provision of our Services.
You also grant us a non-exclusive, irrevocable right, unlimited in time and geography, to copy, store and use any video you create using our Services as we need in order to perform your subscription, enforce our rights and defend ourselves against claims brought against us in connection with any video you create.
These agreed rights transfers are free of charge for us.
4.7 Remuneration
You pay the remuneration specified for the respective service in the details offered for the service concerned. Payments must be made in accordance with the terms of payment also specified there.
All prices are quoted exclusive of taxes. You must pay all applicable taxes that we are authorized to collect in accordance with legal regulations.
If you are required to withhold taxes from your payments to us, you may do so, provided that you promptly provide us with an official receipt and other documents we require to claim a Foreign Tax Credit or refund.
If you fail to pay a due remuneration within 7 days of receiving the receipt of our reminder, we are entitled to terminate the subscription without notice for good cause. Our further claims remain unaffected.
5. Term, extension, termination
5.1 This contract is valid until the end of your subscription. A subscription ends if it is terminated in accordance with the termination options agreed in this contract or without notice for good cause.
5.2 If you do not cancel a subscription at least 2 days before the end of the subscription term (e.g. 30 days or 12 months), the subscription will be automatically renewed for the duration of the first term agreed in the subscription.
5.3 Cancellations can be made via our website or by sending an email to info@mozaik-app.com stating the last order number. The order number can be found on the last invoice you received. Cancellation is only effective if you have previously paid all outstanding fees.
5.4 We have the right to suspend the use of our services (i) to prevent unauthorized access to customer data, (ii) if you do not respond within a reasonable period of time to a claim by a third party for alleged infringement of intellectual property rights (Clause 7.3), or (iii) if you violate any provisions of this contract, in particular your rights of use or your payment obligations.
6. Warranty
6.1 We warrant that our services will, during the term of a subscription, comply with the essential performance characteristics specified on our website for the respective service.
6.2 If a Service does not meet this warranty, we will, at our option, either fix the problem or refund the fee you paid until the problem occurred.
6.3 This warranty does not apply if a problem is caused by the use of a Service that does not comply with the terms of this Agreement (e.g. Section 4) or the information and notices on our website. In addition, we do not provide any warranty for problems whose causes are beyond our reasonable control.
7. Exemption
7.1 We will defend you against third party claims that a Service is unlawfully using the third party's copyright, patent or trademark rights.
7.2 You will defend us against claims and allegations by a third party that content, data or products or services used by you that were not provided by us infringe the third party's copyright, patent or trademark rights or make unlawful use of the third party's trade secrets or that arise from a breach of your obligations to us. You have no obligation under this Section 7.2 to the extent that you are not responsible for the third party claims.
7.3 Our obligation under clause 7.1 does not apply if the claim that you are using other services, data or products in connection with our services or using our brand without our express prior consent.
7.4 If there is a possibility that a claim pursuant to Section 7.1 prevents you from using a service, we will attempt to acquire the rights necessary for further use or to modify the service or replace it with a functionally equivalent service. If we are unable to achieve this with economically reasonable effort, we have the right to terminate the affected subscription and refund you the remuneration paid up to that point.
7.5 Each party shall promptly notify the other of any claim under this Section. The party seeking indemnification hereunder shall give the other party sole control of the defense and settlement of the claim and shall reasonably assist the other party in the defense and provide relevant information. The party granting an indemnity under this section shall reimburse the other party for reasonable expenses incurred in providing assistance and shall pay the amount awarded in a final judgment or agreed to in a settlement.
8. Liability
8.1 The total liability of both parties for all claims for direct damages is limited to the amount paid during the subscription period for the service in connection with which the damage occurred. For services that are provided free of charge, our liability for direct damages is limited to EUR 1000.00.
8.2 In the event of gross negligence, our liability shall be limited to the typical foreseeable damage and in the event of slight negligence we shall only be liable if we have breached a cardinal obligation.
8.3 Neither you nor we shall be liable for loss of revenue, loss of profits, business interruption or consequential or incidental damages.
8.4 In the event of intent, malicious deceit or claims based on personal injury, we shall be liable in accordance with the statutory provisions.
8.5 Claims for damages or reimbursement of expenses based on defects shall become time-barred within one year and all other claims within 2 years after they arise.
9. data protection, personal data and cookies
9.1 When using our services and creating videos, personal data is also processed, in particular the data of the persons depicted and processing the videos. This section "Data protection" refers to the processing of this data. Further information on the processing of personal data by Mozaik, including the data of contact persons, can be found in Mozaik's privacy policy.
9.2 The parties shall comply with the applicable data protection regulations, in particular the GDPR and the BDSG. The Customer agrees that Mozaik processes personal data in accordance with Mozaik's privacy policy.
9.3 The Customer is responsible for the processing of Customer data. It undertakes to secure the necessary permissions (in particular the consent of the persons concerned) for data processing. In addition, the Customer shall ensure that the data subjects are informed about the data processing in accordance with the GDPR and shall be responsible for compliance with the rights of the data subjects.
9.4 Mozaik shall process the Customer data in connection with the use of the Mozaik software only in accordance with the instructions and on behalf of the Customer. To safeguard this data processing, the parties conclude the data processing agreement attached as Annex 2 in accordance with Art. 28 GDPR.
9.5 Our website uses cookies. Cookies are small text files that are stored in the Internet browser or by the Internet browser on a user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again. We use cookies for the purpose of making our website more user-friendly, effective and secure. Furthermore, cookies enable our systems to recognize your browser even after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. For these it is necessary that the browser is recognized even after a page change.
9.6 We also use cookies on our website for the purpose of enabling an analysis of the surfing behavior of our site visitors. The processing is carried out on the basis of Art. 6 (1) lit. f GDPR from the legitimate interest in the above-mentioned purposes. The data collected from you in this way is pseudonymized by technical precautions.
9.7 You have the right to object to this processing of personal data concerning you based on Art. 6 (1) f GDPR at any time for reasons arising from your particular situation. Cookies are stored on your computer. You therefore have full control over the use of cookies. By selecting the appropriate technical settings in your Internet browser, you can prevent the storage of cookies and the transmission of the data they contain. Cookies that have already been saved can be deleted at any time. However, please note that if you do this you may not be able to use the full functionality of this website
. You can find out how to manage (including disabling) cookies on the most popular browsers by following the links below:
Chrome: https://support.google.com/accounts/answer/61416?hl=deMozilla
Firefox: https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
10. reference advertising
10.1 We are entitled to publish your name, your company logo and your brands and trademarks free of charge in any form and on all media for internal and external advertising and communication purposes and to name you as a reference customer (hereinafter referred to as "reference advertising"). This includes in particular the use on customer lists, our website, in social networks and in presentations of our activities.
10.2 You grant us all necessary rights for reference advertising and guarantee that the use of your name, your company logo and your brands and trademarks does not give rise to any claims by third parties. You undertake to indemnify us immediately against all third-party claims resulting from the use of your name, your company logo, your brands and trademarks in the context of reference advertising. This includes all costs incurred in this connection, in particular reasonable defense costs, including court and legal fees.
10.3 Reference advertising may take place during the term of the contract and up to 60 months after its termination. After expiry of this period, we are no longer entitled to place new reference advertising or to republish content containing reference advertising on the Internet or to refer to content already published. However, we are not obliged to remove previously published reference advertising from our websites, social media accounts or presentations. Physical materials, such as print products, may continue to be used after this period. If you wish to object to this use, please let us know when you conclude the contract. Any work results, in particular videos created, will not be published by us.
10.4 Reference advertising is excluded if there are obvious interests on your part to the contrary. You also have the option of revoking your consent to reference advertising in writing with effect for the future, provided this is justified taking into account the interests of both parties. In this case, we will remove the reference advertising within a reasonable period of time. Physical materials that have already been created may continue to be used.
11 Other provisions
11.1 This contract contains all agreements between you and us regarding the subject matter of the contract. There are no ancillary agreements. Amendments or additions to this contract must be made in writing. In the event of any conflict between this Agreement and the relevant offer details on our website, this Agreement shall prevail.
11.2 If any part of this Agreement is held invalid, the remainder shall continue in full force and effect.
11.3 The provisions of Clauses 3, 7 and 8 shall survive the termination of this Agreement.
10.4 You will comply with export controls applicable to the Services. You will also comply with the applicable legal requirements of the country in which you are headquartered or other countries regarding the use of the Services.
11.5 Notices must be given in writing.
They will be deemed received as follows:
- emails: on the date of transmission
- post: on the date of delivery to the address or date indicated on a receipt
- courier: on the date indicated on the delivery confirmation
Notices to you will be sent to the contact address indicated in your order or account. We may send you notices and information by email or other electronic means.
11.6 We have the right to change these Terms at any time. For existing subscriptions, such changes will also apply if they do not change any material terms of the contract to your disadvantage and the change is reasonable for you. If you do not object to an amendment in writing within 2 weeks, the amendment shall be deemed to have been accepted and shall be binding from the expiry of the 2-week period. We will point this out to you again when we inform you.
11.7 This contract, all subscriptions and all claims are governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. German international private law does not apply.
11.8 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract or a subscription is Kempten.
11.9 If this contract is concluded in the English language, the German version alone shall prevail.
11.10 In the event of a conflict between the GTC and a specific order or offer, the terms of the order or accepted offer shall prevail.
