General terms and conditions

general
1.1 Scope
These general terms and conditions apply in the version valid at the time the contract is concluded to all business relationships between LobbySpace GmbH, Ballindamm 3, 20095 Hamburg and you. Should you use conflicting terms and conditions, these are hereby expressly contradicted.
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‍1.2 Contract agreement
The contract language is German. Customers within the meaning of these general terms and conditions are exclusively entrepreneurs within the meaning of § 14 BGB.
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‍1.3 Conclusion of contract
1.3.1 Trial and Business
You can order our trial and business model via our website. The booking process then consists of a total of four steps. The first step is to select the desired model. In the second step, enter your details, including the billing address and, if applicable, a different address. The third step is to select the payment method. In the fourth step, you have the option to check all information (e.g. name, address, payment method, desired model) once again and correct any input errors before you confirm your order by clicking on the “Order subject to payment” button. By placing an order, you make a binding declaration of your contract offer. We will immediately confirm receipt of the order. The confirmation of receipt does not yet represent a binding acceptance of the order. We are entitled to bindingly accept the contract offer contained in the order within five calendar days of receipt of the order by e-mail, fax, telephone or post. The contract is concluded upon acceptance. The contract text will be saved by us and sent to you in text form (e.g. email, fax or post) after your order has been sent, together with these terms and conditions and customer information. However, once your order has been sent, you can no longer access the text of the contract via the website. You can use the browser's print function to print out the relevant website with the contract text.
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‍1.3.2 Enterprise and Reseller
The contract for our enterprise and reseller model is concluded individually through offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an enquiry and then receive a binding offer from us, which you can then accept within the period specified in the offer. The contract is concluded upon acceptance. We do not store the contract text separately, but the content of the contract is determined individually from the agreement made.

‍1.4 Subsequent change to the terms and conditions
We are entitled to subsequently adapt and supplement the general terms and conditions with respect to existing business relationships, insofar as changes in legislation or case law so require or other circumstances result in the contractual equivalence relationship being disrupted not only insignificantly. A subsequent change to the terms and conditions will be effective if you do not object within six weeks of notification of the change. At the start of the deadline, we will expressly inform you of the effect of your silence as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object in due time, both we and you may terminate the contractual relationship extraordinarily, unless we allow the contractual relationship to continue under the old general terms and conditions.

‍2. Service description
2.1 General
We offer you cloud-based digital signage software to promote your products and illustrate your company.2.2

provision of services
We are entitled to have the contract or parts of the contract fulfilled by third parties.

‍2.3 Performance time
Unless otherwise expressly agreed, we will provide the service within 5 days. In the case of payment in advance, the start of the period for payment is the day after the payment order has been issued to the transferring bank or, in the case of payment on account, the day after conclusion of the contract. The period expires on the following fifth day. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of performance, the deadline expires on the next working day.

‍2.4 Google Firebase
Our software is located on a server operated by Google's Firbease service (operated by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland). Google Firebase is a platform for developers of apps for mobile devices and websites. If you use our service, your data is therefore necessarily sent to Google and stored there. The information processed by Google Firebase may be used together with other Google services, such as Google Analytics and Google marketing services. In this case, only pseudonymous information is processed to identify users' devices. The legal basis for use is Art. 6 I p. 1 f GDPR. Google's privacy policy is available at https://www.google.com/policies/privacy.
‍payment
3.1 Prices
All prices are exclusive of sales tax.
‍3.2 Payment delay
You will be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In the event of late payment, interest is calculated at a rate of 9 percentage points above the base interest rate of the European Central Bank. Should you be in arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The right to claim further compensation remains unaffected. You have the option to prove that we have suffered no or less damage.
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‍3.3 Right of Retention
You are only entitled to assert a right of withholding for counterclaims that are due and are based on the same legal relationship as your obligation.
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‍Your responsibility
4.1 General
You are solely responsible for the content and accuracy of the data, contributions and information you submit and submit yourself. With the content, they must not violate applicable laws or these general terms and conditions. You also agree not to transmit any data whose content infringes the rights of third parties (e.g. personal rights, naming rights, trademark rights, copyrights, etc.). In particular, contributions with criminal content may not be published or untrue facts may be claimed.

‍4.2 Exemption
You indemnify us from all claims made against us by third parties due to such violations. This also includes reimbursement of costs of necessary legal representation.

‍4.3 Data backup
You are jointly responsible for securing the information you send. We cannot be held responsible for the loss of your submitted information as we do not provide a general data backup guarantee.

‍4.4 Abusive contributions
Abusive content or contributions will be deactivated or deleted by us without notice. Such content designs exist, for example, in the following cases: — to send spam,
— to send and store content that violates, obscene, threatening, insulting or otherwise violates the rights of third parties,
— to send and store viruses, worms, Trojans and harmful computer codes, files, scripts, agents or programs,
— to upload programs that are suitable to disrupt, impair or prevent operation,
— by trying to obtain or grant unauthorised access to our service or individual modules, systems or applications,
— Content that glorifies violence, pornographic or otherwise offensive or punishable content. In the event of recurring violations, we reserve the right to block or delete your account. Payments already made cannot be refunded in this case. The right to extraordinary termination remains unaffected by this.

‍4.5 Confidentiality
Your rights under this contract are not transferable. The password, which gives you access to your personal area and thus also data collection, must be kept strictly confidential and must never be passed on to third parties. You will take appropriate and appropriate measures to prevent third parties from knowing your password. A customer account cannot be transferred to other users/customers or other third parties. We are not liable for damage caused by misuse of the password.

‍4.6 Profile data
You are required to keep the content and profile information you have posted up to date and immediately inform us of any misuse of your profile.

‍4.7 Industry-specific knowledge
We would also like to point out that we have no industry-specific knowledge about your project or company. We only provide you with our software. You are responsible for the specific action. A specific advertising success is not due.

‍4.8 NotesYou must always follow the instructions/tips on how to use the software that may be provided or provided by us. We can therefore not be held responsible for your incorrect behavior.

‍4.9 Scope of servicesPlease always pay attention to the specifically agreed scope of services. Should you use the software beyond the agreed extent, we may terminate the contractual relationship with you for good cause. Payments already made cannot be refunded in this case.4.10 mini PCA download speed of at least 20 Mbps per mini PC must be available at the location of the mini PC. We also have unlimited access to the mini PC to carry out maintenance and updates. Data such as online status, WLAN strength, CPU utilization, heat generation, LAN and WAN IP and the current output image are sent to us. We can also take screenshots of the respective mini PC for maintenance purposes. For smooth operation of the software, we recommend the free Chrome browser.

‍Right of reference
We reserve the right to reference the services and works we offer or to name you as a reference. You have the right to object to this.

‍Copyright and rights of use
6.1 Rights of use and scope of use
We have the copyright or exclusive right of use to the software provided. Copyright includes in particular the complete program code, structure, appearance and design of the software. By concluding the contract and paying the agreed annual fee, you only secure the rights to use the software for the agreed purpose. Without our express consent, you are not entitled to transfer or otherwise transfer the rights of use granted by us to third parties for payment or free of charge. The transfer of further rights of use can be agreed separately with us and must be paid separately. Any altering reproduction, distribution, modification, etc. of the software is not permitted without express permission.

‍6.2 Author naming
To the extent that we have attached a copyright notice/copyright notice to the software, you may not remove or change it without our consent.

‍6.3 Updates and Upgrades
‍We are entitled to change the software as part of (necessary) updates and upgrades. These changes are also subject to copyright protection.

‍6.4 Compensation
We reserve the right to claim the resulting damage for any breach of the contractual licensing conditions, in particular in the event of copyright infringement.

‍Duration and termination
Our contract models can be terminated in writing, without giving reasons, with a notice period of three months to the respective end of the respective term. If there is no timely termination, the contract is automatically extended for the respective initial period but by a maximum of one year. The right to extraordinary termination for good cause is not affected by this.Content usageBy posting content to the database, you grant us the right to use this content indefinitely for posting and making available in the database and retrieving and storing by third parties, in particular to store, reproduce, make available, transmit, link and publish the content. This can also be done through or in the form of advertising material (in particular links to social networks, use for commercials, use for your own website or even in printed form, etc.) from us or by third parties. In doing so, the author explicitly refrains from mentioning his name. We also have the right to edit the content, in particular if it does not meet the above requirements of these conditions.

‍9. Usability of the Services
9.1 Development of the service/ availability
We strive to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, provided that such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to partially or completely interrupt the operation of the website to a reasonable extent for updating and maintenance purposes. In this respect, we do not guarantee the availability of the services offered at all times and do not guarantee that the offered services or parts of them will be made available and can be used from any location. Statutory warranty rights are not affected by this.

‍9.2 Technical requirements
The use of the software requires appropriate compatible devices. It is your responsibility to set or maintain your devices in a state that enables you to use the website services.

‍9.3 Accessibility and interruptions
‍We guarantee an annual average availability of 95.00% for our services. This excludes downtime due to maintenance and software updates as well as times when the servers cannot be reached via the Internet due to technical problems beyond our control. If the annual average falls below 95.00%, you are entitled to reduce the fee accordingly from the time of onset until the disability ceases. We assume no liability for restrictions and impediments to the availability of data on a server that are beyond our control and for which we are not responsible. We will keep the interruptions as low as possible and, as far as possible, inform about the interruptions. We are not liable for the loss of data and/or programs insofar as the damage is based on your failure to carry out data backups and thus ensure that lost data can be recovered with reasonable effort and that we are not responsible for this loss or damage.

‍9.4 DisordersIf there are any defects or faults, please report this immediately so that we can remedy the problem. If the fault is due to your fault and the removal/processing is not part of your booked scope of services, we will charge you for the costs we have incurred for the inspection and any necessary removal.

‍liability
10.1 Information
‍Information about possible applications of the software provided by us as well as technical advice and other information is provided to the best of our knowledge and belief. The exclusion and reservation of liability under the following regulations also apply in this respect. However, you must always ensure that you inform yourself and check whether the software is suitable for your planned project before ordering.

‍10.2 Disclaimer
We and our legal representatives and vicarious agents are only liable for intent. Only if essential contractual obligations (i.e. obligations whose compliance is of particular importance for achieving the purpose of the contract) are affected is liability also for gross or slight negligence. Liability is limited to foreseeable damage typical of the contract.

‍10.3 Reservation of liability
The above disclaimer does not apply to liability for damage resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this disclaimer.

‍10.4 Data backup
As part of the provision of services, we carry out effective data backups, but do not provide a general data backup guarantee for the data you provide. You are also responsible for making appropriate backups of your data at regular intervals to prevent data loss. We will take reasonable care in providing the agreed service and will provide data backup with the necessary expertise. However, we do not guarantee that the stored content or data that you access will not be accidentally damaged or falsified, lost, or partially removed.

‍10.5 Liability for content
As the operator of the software, we are not liable for incorrect information provided by customers who enter it into our software. There is no review of the content posted in our software (in particular with regard to infringement of third-party rights). However, should we become aware of incorrect, inaccurate, misleading or illegal information, we will immediately review it and remove it if necessary. We also do not guarantee the accuracy, timeliness, completeness, quality or legality of content not provided by us. We only provide our customers with our software in a technical sense.

‍11. Final provisions
11.1 Jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

‍11.2 Choice of law
Insofar as there are no mandatory legal provisions under your home law to the contrary, German law is considered agreed to the exclusion of the UN sales law.

‍11.3 Salvatory clause
The invalidity of individual provisions does not affect the validity of the remaining general terms and conditions.

As of June 2024