General terms and conditions

General Terms and Conditions Status: 02.08.2021

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 between you and us for our services ("Subscription") is formed when you purchase one of the services we offer on our website by placing an order.

Each individual subscription is a stand-alone contract that is independent of any other subscriptions you purchase from us.

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1.1 Our offer

On our website we offer various services (Software as a Service). Our offers do not include an option to buy our software.

Rather, we offer you the access to a limited amount of Services over the Internet for a specified period of time and to use those Services in accordance with these Terms.

Our offers are only directed at commercial enterprises that have their registered office in an EU member state or in Switzerland.

Provided that you are a company established in an EU member state or acting on behalf of such a company, a subscription comes into existence when you order or renew one of the offered services in accordance with the terms of this Agreement (together "order" or "Order").

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1.2 Your order

By placing an order you declare that

(a) the details of the service ordered,

(b) these Terms and Conditions,

(c) the terms and conditions of the payment service provider you have chosen; and

(d) that each service is provided "as available."

these statements are agreed upon by you.

We reserve the right to refuse orders.

If we continue to develop our services or a subscription is renewed during the term of your subscription, the previous subscription will end and our terms and conditions provided on our website at the time of further development of our services or renewal will apply. If you do not wish to agree to the terms, you may opt out of an automatic renewal of your subscription or cancel the affected subscription.

You are responsible for the content of all data that you transmit when placing an order or in the course of the subscription. You warrant that you have the necessary rights for the transmission. You are responsible for the confidentiality of non-public data related to the order and use of the Services. You will promptly notify us of any changes to the information, provided by you and will update said information in your user account to reflect the changes.

If you use an email address provided by an organization, such as your employer, you assure that you are authorized to use that organization's domain. The owner of the domain, your email address is assigned to, has the right to control and manage your account. The information you provide when placing an order may be visible to other users within your organization's email domain.

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2. Available services

We offer the following services:

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2.1 Mozaik Free

For the features and remuneration of the "Mozaik Free" service, the related information on our website shall apply.

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2.2 Mozaik Starter

For the features and remuneration of the "Mozaik Starter" service, the related information on our website shall apply.

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2.3 Mozaik Business

For the features and remuneration of the "Mozaik Business" service, the related information on our website shall apply.

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2.4 Mozaik Enterprise

Individual conditions apply to the features and remuneration of the "Mozaik Enterprise" service.

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3. Use of the services

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3.1 Right of use

You have the non-exclusive, non-transferable right to (a) access and use subscribed Services and to (b) utilize videos ("Video(s)") created by yourself. All other rights remain with us.

You may only use Services in accordance with these Terms. This particularly includes the use of manager accounts and sub-accounts according to the respective limitations on the number of users and the powers of those users.

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3.2 Ungranted rights

You have no right to

1. 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;
2. Disable, modify or bypass features that measure your usage;
3. Use Services in a manner that jeopardizes the operation or security of the Services;
4. Rent, lease, lend, sell, transfer or host any Services, in whole or in part, for any third party;
5. 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
6. 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. 

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3.3 Third party rights

If you access the Services through mobile applications provided through third party websites, your use of the mobile application is subject to the contractual arrangements you have with the third party providing the application.

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4. Your duties

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4.1 System requirements

The services are made accessible via the Internet. The transfer point is the router output to the internet of the data center we use.

You will provide the hardware/terminal equipment, software and access connection necessary to use the Services from the Delivery Point, including any necessary URL addresses on your end, at your expense.

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.

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4.2 Access data

You warrant that the data to access our services will only be used by the agreed owners of the manager account and sub-accounts.

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4.3 Content introduced

In order for us to provide our services according to the agreed services, it is necessary to connect your created video content (scenes, texts, logos, colors, personal data and other files) ("Content") to our services. You submit your content to our server network, where it is collected by our services.

You ensure and warrant that your content and its transmission to us and its creation into a video does not infringe the rights of any third party and that you have verified the accuracy of this representation prior to transmitting your content.

You confirm that you are aware of the scope of third party rights that may be affected, e.g. data protection, personal and image rights.

You further ensure and warrant that you will not transmit or use any content that violates any law or other applicable regulation in any location your video is created or used. You ensure and warrant that you will not use our Software to create videos that contain obscene, violent, racist or fraudulent content, or any other content that violates any applicable law or the rights of any third party.

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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.

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4.5 Storage

We will store a video and give you access to the video for the period agreed upon in the subscription. After the agreed period, we will delete the video.

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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 selecting an editing process for that purpose) and to the 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 provided us with for the use of 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.

By having agreed to the function "Share my videos in the Inspirations feed" as part of your subscription,  you grant us the right to make your videos available to third parties on our platforms, without granting third parties any rights to your videos beyond this. We can exercise this right until you have deactivated the function "Share my videos in the Inspirations feed" on our website.

These agreed rights transfers are free of charge for us.

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4.7 Remuneration

You shall pay the remuneration for the respective service specified in the provided details of the service concerned. Payments shall be made in accordance with the payment terms also specified therein.

All prices are quoted without taxes. You have to pay all applicable taxes that we are allowed to collect in accordance with the legal rules.

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 may need 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.

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5. Term, extension, termination

5.1 This contract is valid until the end of your subscription. A subscription ends when it is terminated in accordance to the termination options agreed in this contract or without notice for good cause.

5.2 If you do not cancel a Subscription no later than 2 days prior to the expiration of the term (e.g. 30 days or 12 months) of the Subscription, the Subscription will be automatically renewed for the duration of the initial term agreed upon 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. You will find the order number on your last received invoice. Cancellation is only effective if you have previously paid all outstanding remuneration.

5.3 We have the right to suspend the use of our Services (i) to prevent unauthorized access to Customer Data, (ii) if you fail to respond within a reasonable period of time to a claim by a third party alleging infringement of proprietary rights (Section 7.3), or (iii) if you breach any provision of this Agreement, including, without limitation, your rights of use or your payment obligations.

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6. Warranty

6.1 We warrant that our Services will meet the essential performance characteristics set forth on our Website for the particular Service during the term of a Subscription.

6.2 If a Service fails to meet this warranty, we will, at our option, correct the problem or refund you the compensation you paid up 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.

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7. Exemption

7.1 We will defend you against claims by third parties that a Service makes unlawful use of the third party's copyrights, patents or trademarks.

7.2 You will defend us against claims and allegations by a third party that claims the content, data, products or services used by you that are not provided by us infringe any copyright, patent or trademark rights of the third party, or make unlawful use of the third party's trade secrets or that arise from a breach of your obligations to us. You shall 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 Section 7.1 does not apply if the claim that you use other services, data or products in connection with our services or use our trademark without our explicit prior consent.

7.4 If there is a possibility that a claim pursuant to Section 7.1 will hinder you in the use of 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 cannot achieve this with commercially reasonable effort, we have the right to terminate the affected subscription and to 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.

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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 provided free of charge, our liability for direct damages is limited to EUR 1000.

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 lost revenue, loss of profits, business interruption or consequential or incidental damages.

8.4 In the event of intent, malicious deception 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.

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9. cookies

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 calls up 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 offer 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.

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 § 15 (3) TMG and Art. 6 (1) lit. f DSGVO from the legitimate interest in the above purposes. The data collected from you in this way is pseudonymized by technical precautions.

You have the right to object at any time to this processing of your personal data based on Art. 6 (1) f DSGVO for reasons arising from your particular situation. Cookies are stored on your computer. Therefore, you 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 transmission of the data they contain. Cookies that have already been stored can be deleted at any time. However, we would like to point out that you may then not be able to use all functions of this website to their full extent.

You can find out how to manage (including disabling) cookies on the main browsers by following the links below:

Chrome Browser: https://support.google.com/accounts/answer/61416?hl=de
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla 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

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10. other provisions

9.1 This contract contains all agreements between you and us regarding the subject matter of the contract. There are no ancillary agreements. Changes or additions to this contract must be made in writing. In the event of a contradiction between this contract and the corresponding offer details on our website, this contract shall apply.

9.2 If any part of this Agreement is declared invalid, the remainder shall remain in full force and effect.

9.3 The provisions in Sections 3.4, 7 and 8 shall apply beyond the end of this Agreement.

9.4 You will comply with export controls applicable to the Services. You will also comply with applicable legal requirements of the country in which Your principal place of business is located at, or other countries regarding the use of the Services.

9.5 Notifications must be made in writing. They shall be deemed received as follows:

• E-mails: on the transmission date
• Mail: on the date of delivery to the address or the date indicated on a receipt
• Courier: on the date indicated on the delivery confirmation

Notices to you will be sent to the contact address provided in your order or account. We may send you notices and information by email or other electronic means.

9.6 We have the right to change these terms and conditions at any time. For already existing subscriptions, such changes shall also apply if no essential contractual contents are changed to your disadvantage as a result 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 accepted and shall be binding as of the expiry of the 2-week period. We will point this out to you again when we inform you.

9.7 This contract, all subscriptions and all claims shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods. German international private law shall not apply. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract or a subscription is Kempten. As far as you are a merchant or a legal entity.