Terms & Conditions

I. General Terms and Conditions

1. General Provisions

These General Terms and Conditions (GTC) shall govern the usage of the services offered by LAPIXA GmbH through our user interface (“LAPIXA Monitorer”) as well as the retention of LAPIXA GmbH and their legal service providers regarding the legal pursuit of copyright infringements. The service is operated by LAPIXA GmbH, Dircksenstrasse 40, 10178 Berlin, Telephone: +49 (30) 208 984 210, kontakt@lapixa.de, hereinafter referred to as “LAPIXA”.

1.1 “Principal” within the meaning of these GTC shall be persons who use the “LAPIXA Monitorer” and the services associated therewith.

1.2 The “LAPIXA Monitorer” shall be the system of LAPIXA that discovers the uploaded Images on the Internet and displays these “Matches” in the user account through the user interface.

1.3 The following Terms and Conditions shall apply to all contracts, declarations of intention, and legal acts of LAPIXA related to the services offered through the Internet presence.

The Principal shall act in their capacity as an entrepreneur and shall act in the exercise of their commercial or freelance independent activities when concluding the contract, and shall not be a consumer within the meaning of Section 13 of the German Civil Code [Bürgerliches Gesetzbuch, BGB].

2. The LAPIXA Monitorer

2.1 The LAPIXA Monitorer shall be the user interface of LAPIXA for the automated image search on the Internet. LAPIXA shall not assume any guarantee for the fact that all infringements of image rights committed on the Internet will be detected by means of this search.

3. Main Obligations of the Principal

3.1 The Principal shall upload the Images to be searched for to the LAPIXA Monitorer themselves. Furthermore, the Principal shall be permitted to upload the Images by means of FTP access provided by LAPIXA.

4. Non-performance / Limitation of the Service

LAPIXA shall take all reasonable efforts in order to keep the Monitorer operational. However, LAPIXA may occasionally encounter technical difficulties that may result in a temporary interruption of the service. In case of a complete or partial failure the Principal shall be entitled to reduce the monthly amount payable in line with the seriousness of the failure. This shall not apply if the Principal is responsible for the failure. Such a reduction is excluded if the failure is only minor in relation to the overall performance. Failures shall be considered minor within the meaning of these GTC, if they do not account for more than 5 % of overall performance per calendar month. The contractual obligation to make available the LAPIXA Monitorer does not exceed an availability of the service of 95% per month.

5. Payment Deadlines/Default

The fixed monthly payments shall be due and payable in advance on the first day of the calendar month LAPIXA provides the service. In case the Principal is at default with all or part of the payment, LAPIXA shall be entitled to charge statutory interest in the amount of 9% p.a. above the base rate from the time the Principal is in arrears with payment. Furthermore, LAPIXA shall be entitled to deactivate the account of the Principal.

6. Liability

6.1 Except for the liability for physical injury, LAPIXA shall only be liable for cases of intent or gross negligence; any other liability shall be excluded.

6.2 The liability for economic losses arising from slight negligence shall be excluded.

6.3 LAPIXA shall not be liable for original Image Files provided by the Principal. LAPIXA shall reserve the right to back up the respective Image in one of their own databases and also to delete it.

6.4 LAPIXA shall not owe any particular performance-related success.

6.5 Apart from that, liability of the contracting parties shall be governed by the statutory provisions.

7. Applicable Law, Jurisdiction, Arbitration

7.1 These GTC shall be governed by the law of the Federal Republic of Germany; the UN Convention on Contracts for the International Sale of Goods shall be excluded.

7.2 Berlin shall be agreed upon as the exclusive place of jurisdiction regarding disputes arising from or in connection with these GTC.

7.3 The parties agree upon initiating a mediation process prior to resorting to litigation.

8. Confidentiality

The parties shall undertake to maintain confidentiality regarding all knowledge and information that they have become aware of during the performance of the contract and to not make this available to third parties. Both parties agree upon non-disclosure regarding the content of the contract. The confidentiality agreement shall also remain effective after the termination of the contract, irrespective of the legal reason.

9. Declaration and Identity Verification in accordance with the German Money Laundering Law [Geldwäschegesetz, GwG]

The Principal shall declare that they act exclusively on their own account. The Principal shall be obliged to report to LAPIXA without delay any changes of this fact arising during the term of the business relationship and to submit evidence for that, which would meet the requirements of a legal pursuit in court.

10. Final Provisions

10.1 Any changes or amendments to a contract shall be made in writing. This shall also apply to the revocation of the requirement of the written form.

10.2 The parties have not entered into any oral ancillary agreements.

10.3 The German version of the GTC shall be the legally binding one. In the case that the content of the translation deviates from it, the German version shall be authoritative.

10.4 In the case that a provision of these GTC should be invalid, the validity of the other GTC shall remain unaffected. The parties shall undertake to replace the invalid provision by a regulation that comes closest to the economic purpose intended by it.

September 2017