Terms & Conditions

Terms and Conditions with Customer Information & Annex: Rules for Provider Change

Effective date: 23/11/2025, 13:42:33

Table of Contents

A. Terms and Conditions with Customer Information

1. Scope of application
2. Services of the provider
3. Service modifications
4. Conclusion of the contract
5. Right of withdrawal
6. Granting of rights of use by the provider
7. Granting of rights of use by the customer
8. Obligations of the customer
9. Moderation and restriction of content
10. Remuneration and payment terms
11. Term and termination of the contract
12. Provider change
13. Liability for defects
14. Liability
15. Indemnification
16. Confidentiality
17. Changes to the Terms
18. Applicable law, place of jurisdiction
19. Alternative dispute resolution

B. Annex: Rules for Provider Change

1. Scope of application
2. Definitions
3. Pre-contractual information
4. Change and exit plan
5. Initiation of the change process
6. Transition period
7. Obligations of the provider during the change process
8. Duties of the customer
9. Restoration and deletion of data
10. Remuneration for the change process and exit fees
11. Completion of the change process
12. Termination of the contract

A. Terms and Conditions with Customer Information

1) Scope of application

1.1 These Terms and Conditions (hereinafter """Terms""") of Andre Seitz, trading as """Andre Seitz""" (hereinafter """Provider"""), apply to all contracts for the provision of services in the field of software-as-a-service (hereinafter """SaaS""") that a consumer or business (hereinafter """Customer""") concludes with the Provider regarding the services presented on the Provider""'s website. The subject of the contract is the paid provision of software (hereinafter """Software""") in digital form via the Internet, limited in time to the contract term, as well as the provision of storage space on the Provider""'s servers. Deviating terms of the Customer shall not apply unless expressly agreed otherwise.

1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession.

1.3 A business within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of his or her trade or profession.

1.4 The Software may contain links to third-party services. These Terms do not apply to services provided by third parties, even if access is initiated via the Provider""'s Software, if the services are free of charge, and/or if use of such services requires registration with the Provider. Only the terms and statutory provisions applicable between the Customer and the third party apply in those cases. The Provider

1.4 The Software may contain links to third-party services. These Terms do not apply to services provided by third parties, even if access is initiated via the Provider's Software, if the services are free of charge, and/or if use of such services requires registration with the Provider. Only the terms and statutory provisions applicable between the Customer and the third party apply in those cases. The Provider merely facilitates technical access to such services.

1.5 By using this client, users are agreeing to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms), the Twitch Terms of Service (https://www.twitch.tv/p/en/legal/terms-of-service/), and the Kick Terms of Service (https://kick.com/terms-of-service).

2) Services of the provider

2.1 For the duration of the agreed contract term, the Provider makes Software available to the Customer in digital form via the Internet. To this end, the Provider enables the Customer to access the Software, which remains on the Provider""'s server. The functional scope and technical specifications of the Software are described in detail in the service description on the Provider""'s website. The Provider owes only the provision of the Software with the functionalities defined in the service description and is not responsible for establishing or maintaining the data connection between the Customer""'s IT system and the Provider""'s server.

2.2 The Software is updated by the Provider at irregular intervals. Consequently, the Customer only receives a right to use the Software in its current version at any given time. The Customer has no claim to a specific state of the Software.

2.3 The Provider makes a limited amount of storage space available on its servers for the Customer to use the Software. The amount of storage space is described in the service description on the Provider""'s website.

2.4 The Provider renders the aforementioned services with an overall availability of 98. Availability is calculated based on the time allocated to each calendar month during the contract term, minus maintenance windows. Where possible, the Provider will perform maintenance work during periods of low usage.

2.5 The Provider takes data security measures in line with the state of the art. However, the Provider does not assume any duty of custody. The Customer remains responsible for adequate data backups.

2.6 The Provider supplies the Customer with an electronic user manual.

2.7 The Provider offers additional support services. The content and scope of such services are set out in the service description on the Provider""'s website.

3) Service modifications

3.1 The Provider reserves the right to modify the services offered or to offer different services, unless such changes are unreasonable for the Customer.

3.2 The Provider also reserves the right to modify services or offer different services (i) if required by changes in the law, (ii) to comply with binding court judgments or administrative orders, (iii) if necessary to close security gaps, (iv) if the change is solely advantageous for the Customer, or (v) if the change is purely technical or procedural in nature and has no significant impact on the Customer.

3.3 Changes that merely have an insignificant effect on the Provider""'s services do not constitute service modifications within the meaning of this clause. This particularly includes purely graphical changes and changes to the arrangement of functions.

4) Conclusion of the contract

4.1 The services described on the Provider""'s website do not constitute binding offers by the Provider; they are an invitation for the Customer to submit a binding offer.

4.2 The Customer can submit the offer via the online order form on the Provider""'s website. After entering personal data, the Customer submits a legally binding offer regarding the selected services by clicking the button that completes the order process.

4.3 The Provider may accept the Customer""'s offer within five days by (i) sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, in which case receipt by the Customer is decisive, or (ii) requesting payment from the Customer after the order has been placed. If multiple alternatives occur, the contract is concluded at the time the first alternative occurs. The acceptance period begins on the day after the Customer sends the offer and ends at the close of the fifth day following the dispatch. If the Provider does not accept the offer within this period, the offer is deemed rejected and the Customer is no longer bound by the declaration.

4.4 When submitting an offer via the online order form, the Provider stores the contract text after the contract is concluded and transmits it to the Customer in text form (e.g. email, fax or letter) once the order has been sent. The Provider does not make the contract text accessible beyond this. If the Customer created a user account on the Provider""'s website before sending the order, the order data will be archived on the website and can be accessed free of charge via the password-protected user account using the login details.

4.5 Prior to the binding submission of the order via the online form, the Customer can identify possible input errors by carefully reading the on-screen information. An effective technical means of better detecting input errors may be the zoom function of the browser, which enlarges the display. The Customer can correct entries during the electronic order process using standard keyboard and mouse functions until they click the button that concludes the order.

4.6 The contract is concluded in German.

4.7 Order processing and contact generally take place by email and automated processing. The Customer must ensure that the email address provided for processing the order is correct so that emails sent by the Provider can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Provider or third parties commissioned by the Provider can be delivered.

5) Right of withdrawal

Consumers generally have a statutory right of withdrawal. Further information can be found in the Provider""'s withdrawal policy.

6) Granting of rights of use by the provider

The Provider holds all usage rights required to make the Software available. Unless otherwise stated in the service description on the Provider""'s website, the Provider grants the Customer the non-exclusive, non-transferable right to use the Software for private and business purposes for the duration of the contract in accordance with these Terms. Use beyond that scope is not permitted.

7) Granting of rights of use by the customer

The Provider is entitled to use content and information made available by the Customer that must be processed for proper performance. The Customer grants the Provider, free of charge, non-exclusively and for the term of the contract, the necessary usage rights, in particular the right to store and retain the content, the right of reproduction, and the right to edit such content, and warrants that they are entitled to grant these rights.

8) Obligations of the customer

8.1 The Customer shall ensure that the hardware and software used, including workstations, routers and communication devices, meet the minimum technical requirements to use the current Software version.

8.2 The Customer is obliged to protect the access data provided against unauthorized access in accordance with the state of the art. The Customer ensures that use occurs only within the contractually agreed scope. Unauthorized access must be reported to the Provider without delay.

8.3 The Customer shall not store data on the provided storage space that violates applicable law, administrative requirements, third-party rights or agreements with third parties.

8.4 Content stored by the Customer on the allocated storage space may be subject to data protection law. The Customer is solely responsible for ensuring compliance with data protection requirements for personal data.

8.5 The Customer is responsible for performing reasonable and regular data backups.

8.6 The Customer must scan data and information for viruses or other harmful components before uploading and must use appropriate measures (e.g. antivirus programs).

8.7 The Customer shall ensure that programs, scripts or similar installed by them do not endanger the Provider""'s servers or network or the security and integrity of other data stored on the Provider""'s servers.

8.8 If programs, scripts or similar installed by the Customer endanger or impair the Provider""'s servers or network or the security and integrity of other data, the Provider may deactivate or uninstall them. If required to remove the risk or impairment, the Provider may disconnect the stored content from the internet. The Provider will inform the Customer of the measure without undue delay.

9) Moderation and restriction of content

9.1 The Provider is generally not obliged to proactively review content submitted by Customers for legality, third-party rights or compliance with these Terms. Nevertheless, the Provider reserves the right to review content on a case-by-case basis and take measures pursuant to the provisions below if violations are identified.

9.2 Customers and affected third parties can report allegedly unlawful content using the contact details set out in the legal notice (e.g. via email). The Provider may share the report content with the Customer who posted the reported content. The identity of the reporting person will only be disclosed if strictly necessary.

9.3 In the event of reports and any reviews initiated by the Provider, a manual review is generally carried out. Automated technical checks may be used additionally in individual cases.

9.4 If a report or review initiated by the Provider establishes the illegality of content published by the Customer, the Provider may, at its reasonable discretion and without prior notice, take one or more of the following measures: (i) warn the Customer, (ii) temporarily block or permanently delete the content, (iii) temporarily or permanently suspend contractual obligations, or (iv) terminate the contract (ordinary or extraordinary for good cause).

9.5 When choosing measures, the Provider will consider proportionality and balance the Customer""'s interests with its own interest in uninterrupted, undisturbed and integral business operations. Factors include the meaning and risk potential of the content, the frequency of unlawful content posted by the Customer, the ratio of unlawful content to overall service usage, the Customer""'s intentions if apparent, and any fault attributable to the Customer.

9.6 If Customers frequently submit obviously unfounded reports or complaints, the Provider may suspend processing such reports for an appropriate period after a prior warning.

10) Remuneration and payment terms

10.1 Unless otherwise stated in the service description, the prices quoted are total prices. VAT does not apply because the Provider qualifies as a small business exempt from VAT.

10.2 Available payment options and modalities are communicated to the Customer on the Provider""'s website.

10.3 The fee is invoiced in advance for the agreed service period and may be paid by bank transfer to the Provider""'s designated account. Unless otherwise stated on the invoice, the amount is due immediately.

10.4 If the Customer selects a payment method offered via Stripe, payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("""Stripe"""). Stripe may use additional payment services, in which case the Customer will be informed of any special terms. Further information about Stripe is available at https://stripe.com.

11) Term and termination of the contract

11.1 The contract is concluded for an indefinite period, subject to the minimum term specified in the service description. During the minimum term, the contract can be terminated with one month""'s notice to the end of the minimum term. After the minimum term, it can be terminated at any time with one month""'s notice.

11.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or expiry of the notice period, taking into account all circumstances and the interests of both parties.

11.3 Terminations may be made in writing, in text form (e.g. email), or electronically via the cancellation feature (cancellation button) provided on the Provider""'s website.

11.4 Upon termination, the Customer loses access to their user account. The Provider also ceases to store Customer data uploaded to the service.

12) Provider change

If the Customer wishes to switch to another provider or to ICT infrastructure in their own premises, the rules in the Annex on provider change, attached to these Terms, apply.

13) Liability for defects

If the Customer is a consumer, statutory warranty provisions apply. If the Customer is a business, statutory warranty provisions apply subject to the following limitations.

13.1 The Customer must notify the Provider of defects, disruptions or damage without undue delay.

13.2 Warranty for merely insignificant reductions in service suitability is excluded.

13.3 Strict liability under Section 536a (1) German Civil Code (BGB) for defects existing at the time the contract is concluded is excluded.

13.4 Termination by the Customer due to failure to provide contractual use is only permissible after the Provider has been given sufficient opportunity to remedy the defect and such remedy has failed. Remedy is deemed to have failed only if it is impossible, refused or unreasonably delayed by the Provider, if there are justified doubts about its prospects of success, or if other circumstances make it unreasonable for the Customer.

14) Liability

14.1 The Provider is liable for damages and reimbursement of expenses under all contractual, quasi-contractual and statutory claims as follows.

14.2 The Provider is liable without limitation (i) in cases of intent or gross negligence, (ii) for injury to life, body or health caused intentionally or negligently, (iii) on the basis of a guarantee, unless otherwise specified, and (iv) in cases of mandatory liability such as under the Product Liability Act.

14.3 If the Provider negligently breaches a material contractual obligation, liability is limited to the foreseeable, typical damage, unless unlimited liability applies pursuant to the previous clause. Material contractual obligations are obligations imposed on the Provider by the contract whose fulfilment is essential to achieve the purpose of the contract and on the observance of which the Customer regularly relies.

14.4 Otherwise, the Provider""'s liability is excluded.

14.5 The foregoing liability provisions also apply to the Provider""'s agents and legal representatives.

15) Indemnification

The Customer indemnifies the Provider against all claims asserted by other Customers or third parties due to infringement of their rights based on content posted by the Customer or due to other use of the service. The Customer also assumes the necessary costs of legal defense, including court and attorney fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of third-party claims, the Customer must immediately, truthfully and fully provide the Provider with all information required to examine the claims and defend them.

16) Confidentiality

The Provider undertakes to keep confidential all information obtained in connection with this contract and its performance and not to disclose it to third parties. Confidential information is any information labeled as confidential or whose confidential nature arises from the circumstances, regardless of whether it is communicated in writing, electronically, physically or orally. The obligation does not apply if the Provider is required to disclose information by law or by binding order of an authority or court.

17) Changes to the Terms

17.1 The Provider reserves the right to change these Terms at any time if the Customer agrees to the change.

17.2 The Provider also reserves the right to change these Terms without the Customer""'s consent if required by changes in the law, to comply with court or administrative orders, to introduce additional new services or service elements requiring description in the Terms (provided the existing usage relationship is not adversely affected), if the change is solely advantageous for the Customer, or if the change is purely technical or procedural without significant impact on the Customer.

17.3 The Provider will inform the Customer in good time and in an appropriate manner about material changes. Material changes are those that would significantly alter the contractual relationship to the Customer""'s detriment or would be akin to concluding a completely new contract, such as changes to the nature and scope of services or to terms on duration and termination.

17.4 The Customer""'s right to terminate remains unaffected.

18) Applicable law, place of jurisdiction

The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

19) Alternative dispute resolution

The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

B. Annex: Rules for Provider Change

1) Scope of application

The following provisions apply if the Customer wishes to switch to another provider or to ICT infrastructure located on their own premises.

2) Definitions

2.1 """Data processing service""" within the meaning of these Terms is a digital service provided to the Customer that enables on-demand, ubiquitous network access to a shared pool of configurable, scalable and elastic computing resources of a centralized, distributed or highly distributed nature that can be provided and released rapidly with minimal management effort or provider interaction.

2.2 """Digital assets""" within the meaning of these Terms are items in digital form""including applications""for which the Customer holds a right of use, regardless of the contractual relationship with the data processing service they intend to change.

2.3 """ICT infrastructure on own premises""" within the meaning of these Terms refers to ICT infrastructure and computing resources owned, rented or leased by the Customer, located in the Customer""'s data center and operated by the Customer or a third party.

2.4 """Change""" within the meaning of these Terms is a process involving the Provider, the Customer and, if applicable, an incoming data-processing provider, in which the Customer moves from using the Provider""'s data processing service to using another data processing service of the same type or a service offered by another provider, or to ICT infrastructure on own premises, including by extracting, transforming and uploading data.

2.5 """Exportable data""" within the meaning of these Terms are input and output data, including metadata, generated directly or indirectly by the Customer""'s use of the data processing service, excluding the Provider""'s assets or data or third-party data protected by intellectual property rights or constituting trade secrets.

3) Pre-contractual information

3.1 Before the Customer orders data processing services, the Provider supplies clear information on (i) standard fees and possible penalties for early termination; (ii) change fees; (iii) services that require highly complex or costly changes or cannot be changed without significant impairment of data, digital assets or service architecture; (iv) specific services exempt from change and termination obligations; (v) a complete list of categories of transferable data and digital assets, including at least all exportable data; (vi) a complete list of data categories specific to the internal functioning of the Provider""'s service that are exempt from export if trade secrets would otherwise be at risk; and (vii) known risks to continuity of the Provider""'s functions or services.

3.2 The Provider""'s online register with data structures and formats, relevant standards and open interoperability specifications is available on the Provider""'s website.

4) Change and exit plan

4.1 The parties agree on a change and exit plan ("""Plan""") that includes: details of change and exit support, including migration methods and formats and the steps required to conduct the change; the contacts appointed by the Customer and the Provider; an estimate of the time needed to export and transfer data and digital assets from the original environment; limitations and technical restrictions, including those resulting from data storage outside the EU; a description of the sequence of operations proposed by the Provider; and a description of the test method, if tests are performed.

4.2 At the Customer""'s request, the Provider shall make available information explaining the relevant procedures to the Customer""'s designated staff or other authorized third parties.

4.3 At the Customer""'s request, the Provider undertakes to organize a test or support the Customer""'s tests to verify that the Plan works in practice for exportable data and digital assets. If issues arise during testing, the parties will analyze the causes in good faith and work toward solutions.

4.4 The Provider and the Customer agree to update the Plan as needed and, at the Customer""'s request, review whether adjustments are necessary.

5) Initiation of the change process

5.1 The Customer must provide a change notice subject to two months""' notice indicating that the change is being initiated. If the Customer intends to transfer only certain services, data or digital assets, this must be specified.

5.2 The change notice must indicate whether the Customer intends to (i) switch to another data processing provider""if so, the Customer must provide the necessary details of the target provider; (ii) switch to local ICT infrastructure; or (iii) refrain from switching but delete exportable data and digital assets.

5.3 The Provider will confirm receipt of the change notice within three business days using the same communication channel employed by the Customer.

6) Transition period

6.1 The transition period is 30 calendar days and begins upon expiry of the notice period initiating the change process.

6.2 If the Provider cannot meet the agreed transition period for technical reasons, the Provider undertakes to (i) inform the Customer in writing or text form within 14 business days of receiving the notice, (ii) specify an alternative transition period not exceeding seven months from the date of the Customer""'s notice, and (iii) provide a reasonable justification for the technical impossibility. The Customer must confirm receipt of the extension notice within three business days.

6.3 The Customer may extend the transition period once for a period considered appropriate, though not longer than three months. For complex migrations, the parties may agree on a longer period, up to a maximum of 12 months. The Customer must notify the Provider of the intent to extend, including the alternative transition period, by the end of the original transition period. The Provider will confirm receipt of the extension notice within three business days.

7) Obligations of the provider during the change process

The Provider undertakes to support the Customer and third parties commissioned by the Customer appropriately from the start and throughout the change process so that the Customer can switch within the agreed transition period. In particular, the Provider shall (i) provide expertise, adequate information (including documentation required for the change) and technical support, and work with the Customer in good faith to resolve issues; (ii) act with due care to maintain business continuity and continue delivering contractual functions or services; and (iii) maintain a high level of security throughout the change process, especially during data transfers.

8) Duties of the customer

8.1 The Customer undertakes to take all reasonable measures to achieve an effective change. The Customer is responsible for importing and implementing data and digital assets into their own systems or those of the target provider.

8.2 The Customer or third parties commissioned by the Customer, including the target provider, undertake to respect intellectual property rights and trade secrets in materials provided by the Provider during the change process. The Customer shall grant third parties or the target provider access or sublicenses only to the extent necessary to complete the change by the end of the transition (including any alternative transition) and shall respect confidentiality obligations and the Provider""'s intellectual property rights.

9) Restoration and deletion of data

9.1 The Customer may retrieve or delete data during the agreed retrieval period, which is 30 calendar days and begins after the transition period ends. The parties may agree on a longer period if necessary.

9.2 After expiry of the retrieval period and upon successful completion of the change, the Provider undertakes to delete all exportable data and digital assets generated by or directly associated with the Customer and to confirm deletion. This does not apply to exportable data the Provider must retain pursuant to mandatory EU or Member State law, provided the Provider informs the Customer of which data is retained, for how long and for what reasons.

10) Remuneration for the change process and exit fees

The Provider does not charge additional remuneration for the change process.

11) Completion of the change process

11.1 Once the Customer informs the Provider that the change has been completed successfully, the Provider will promptly inform the Customer about termination of the contract. If the Customer fails to confirm completion despite reasonable indications that the change has been completed, the Provider may request confirmation. If the Customer does not confirm within 30 business days, the change is deemed unsuccessful and the contract continues under the existing terms.

11.2 If the Customer does not intend to switch but wants to delete exportable data and digital assets, the Provider will inform the Customer about termination at the end of the notice period.

12) Termination of the contract

12.1 The contract is deemed terminated when one of the following occurs: (i) successful completion of the change process; or (ii) expiry of the notice period if the Customer opts not to switch but to delete exportable data and digital assets upon termination.

12.2 If the contract or these Terms include provisions on termination due to statutory reasons""e.g. a party files for a moratorium or insolvency, fails to meet essential obligations, experiences a change of control that triggers termination, the agreement becomes void due to mandatory law, or similar cases""the agreement and services will not end before one of the events in clause 12.1 occurs. This does not affect other rights or remedies available to either party. The Customer may agree on success criteria and milestones with the Provider and must inform the Provider of successful completion.

12.3 If the change process cannot be completed successfully, the parties shall work together in good faith to improve the process, enable timely data transfer and maintain service continuity. The Provider shall assist the Customer, upon request, in identifying reasons for failure and how obstacles can be removed or avoided. The Customer may involve the target provider at their own discretion. Without prejudice to other legal remedies, the agreement does not terminate before successful completion of the change or a relevant court decision. If there is a conflict between these clauses and other termination provisions, these clauses prevail.

12.4 The change is deemed successfully completed once (i) the notice period has expired, (ii) the transition period has begun, (iii) the data retrieval period has begun after the transition, and (iv) data deletion is completed after the retrieval period or an alternatively agreed period.

12.5 If, at the end of the transition period, the Customer decides not to delete all exportable data and digital assets at the end of the retrieval period and prefers to keep them available with limited functionality for a certain time, or if the parties agree to maintain the contract without certain services, this may only occur after (i) the notice period has expired, (ii) the transition period has ended, and (iii) the parties agree on an alternative retrieval period and other conditions for the limited service or continued contract (including permission for the Provider to delete data after the alternative period and the fee for that additional period). If the Provider proposes the alternative retrieval period and conditions, the contract does not end until the Customer expressly accepts deletion and confirms termination.

12.6 The right of either party to terminate an open-ended contract ordinarily remains unaffected, provided the reason for termination is neither a provider change nor, on the Customer""'s side, an intent to delete data.

12.7 If the contract is expressly concluded for a fixed term and expires before the change is completed and the Customer has not requested deletion of exportable data and digital assets, (i) the transition period begins upon contract expiry and the Provider provides reasonable support, and (ii) the foregoing rules on successful or unsuccessful completion apply accordingly.

Copyright notice: These Terms were created by the attorneys of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)