This is a non-binding English convenience translation of the German Terms & Conditions. Only the German version is legally binding. You can find the german version right below the convenience translation on this page.
General Terms and Conditions for License Agreements of Streavent UG (limited liability), headquartered in Weil, registered in the commercial register of the Augsburg District Court under HRB 34951 (hereinafter referred to as “Streavent”).
- Scope
- These general terms and conditions (hereinafter "GTC") apply exclusively to entrepreneurs within the meaning of Section 310 Paragraph 1 of the German Civil Code (BGB), i.e. natural and legal persons or partnerships with legal capacity who, when concluding the legal transaction, are acting in the exercise of their commercial or independent professional activity (Section 14 of the BGB) ("the customer").
- These Terms and Conditions apply to all current and future legal relationships between the customer and Streavent, even if they are not separately agreed upon again.
- Deviating or supplementary general terms and conditions of the customer or third parties are not recognized and therefore do not form part of the contract, even if Streavent does not object to them. Even if Streavent refers to a letter containing or referring to third-party terms and conditions, this does not constitute consent to the validity of those terms and conditions. These terms and conditions will only apply if Streavent expressly agrees to the validity of other terms and conditions in writing.
- Subject matter of the contract
- These General Terms and Conditions apply to all contracts with Streavent for the temporary use of Streavent's application software for the purpose of conducting virtual or hybrid events, integrating video content on websites, using video telephony (hereinafter referred to as the "digital event platform") and providing internet storage space on Streavent's servers.
- Streavent provides the digital event platform to the customer for a fee as software as a service (SaaS) for the duration of this agreement. The application software remains on the server used by Streavent and is accessed via an internet browser. Streavent is not responsible for establishing and maintaining the data connection between the customer's IT system and the application software. The functionality of the IT system used by the customer, its internet access, and the transmission paths are the sole responsibility of the customer.
- Streavent provides the customer with the use of the application software described in the following, with the functionality described in more detail therein and under the conditions specified therein. The product description does not constitute a warranty unless specifically agreed in writing. The provision of the source code of the application software is not part of this agreement and is not owed by Streavent under any circumstances.
- Streavent provides the customer with an introduction to the operation and functionality of the application software. Streavent also provides the customer with a guide with questions and answers on the design of the digital event platform.
- Conclusion of contract and services
- The contract is concluded by the customer accepting a binding offer from Streavent in text form.
- The scope of services to be provided by Streavent is set out in the offer.
- The customer can select a license package for the implementation of a one-time event (hereinafter “One-time Event License Package”) or a license package for multiple events (hereinafter “Monthly License Package”).
- Regardless of the selected license package, the customer can select various modules (hereinafter "Modules"). The Modules may contain software from third-party providers contractually agreed with Streavent. If Streavent replaces one of these third-party providers, the appearance and non-essential functions of the Module may change; the essential functionality remains intact.
- In addition to the license package, Streavent offers additional services. These may include, in particular, the provision of live direction (hereinafter "Live Direction") or the provision of technical support (hereinafter "Technical Support").
- Access to the digital event platform
- After the contract has been concluded, the customer will receive a registration link from Streavent via email, which they can use to create access data in the form of a username and password for using the digital event platform (the "Customer Access Data"). The customer must treat the Customer Access Data as strictly confidential, store it securely, and not disclose it to third parties.
- After creating their customer access data, the customer can begin configuring the digital event platform. Once the customer has completed the configuration, Streavent will review the platform configured by the customer and approve it for the event(s).
- After the end of the event held under the One-Time Event License Package or after the expiration of the Monthly License Package, access to the digital event platform ends. The customer has the option to download the data in accordance with Section 12.6.
- Warranty and technical measures
- Streavent warrants that the contractually agreed quality of the digital event platform described at https://streavent.de/ will be maintained throughout the term of the contract, as well as that no third-party rights conflict with the contractual use of the digital event platform. Streavent will remedy any material and legal defects in the event platform within a reasonable time. Strict liability for defects that existed at the time the contract was concluded is excluded.
- The customer is obligated to notify Streavent of any defects in the digital event platform immediately upon discovery in writing. In the case of material defects, this must include a precise description of the defect, as well as the time and circumstances of its occurrence.
- The digital event platform is generally available at all times during the contract term. This does not apply to times when the servers are unavailable due to technical or other problems beyond Streavent's control (force majeure, third-party fault, etc.). Furthermore, the digital event platform cannot be accessed during the times when regular maintenance work is being carried out. Streavent does not carry out regular maintenance work during events booked by customers. Otherwise, maintenance work is carried out once a week. Streavent endeavors to carry out maintenance work during times when customers are not configuring the digital event platform. In exceptional cases, maintenance work may also be carried out at other times, e.g., in the event of significant malfunctions. Streavent will endeavor to inform customers in advance of such unplanned maintenance work and to keep downtime as short as possible.
- Streavent continuously monitors the functionality of the digital event platform. Where technically feasible, steps are taken to ensure continuous use of the system.
- Rights of use and rights to the digital event platform
- Streavent grants the customer a non-exclusive, non-transferable, and non-sublicensable right to use the digital event platform for its own purposes within the contractually agreed scope, limited to the term of the contract. All other rights to the digital event platform remain with Streavent.
- The application software of the digital event platform is legally protected. Copyrights, patent rights, trademark rights, and all other intellectual property rights to the application software, as well as to other items that Streavent provides or makes available to the customer as part of the contract initiation and execution, belong exclusively to Streavent. To the extent that the rights are owned by third parties, Streavent retains the corresponding exploitation rights.
- Prohibition of disclosure and transfer
- The transfer or other provision of the digital event platform or customer access data to third parties, in particular through reproduction, sale, loan, or rental, is prohibited. Employees of the customer are not considered third parties in the above sense if they use the platform on a dependent basis.
- If the customer chooses to host a non-public event as part of their service, they will receive, in addition to the customer access data, the option to create access data for users (the "User Access Data"). The customer must ensure, through a written agreement with the users, that they treat the User Access Data as strictly confidential, store it securely, and not disclose it to third parties.
- Customer content on the digital event platform
- If the customer chooses to host a public event, the content of the digital event platform is potentially accessible to the public. In this case, it is the customer's sole responsibility to ensure that no confidential information or data belonging to the customer is visible or otherwise accessible on the digital event platform.
- Regardless of whether the customer chooses to hold a public or non-public event, Streavent is not responsible for the content stored by the customer on the servers and made available via the digital event platform and does not check such content for possible legal violations.
- The customer warrants that they will not distribute any content via the digital event platform whose provision, publication, or use violates applicable laws, in particular criminal law, copyrights, trademark and other labeling rights, personal rights, or other rights of third parties. In the event of a breach of this obligation, Streavent is entitled to immediately block access and refuse further use of the digital event platform.
- Streavent decides on a case-by-case basis which measures (such as blocking customer access) will be taken if there is sufficient suspicion of illegal content in the stored data, particularly as a result of a warning from a suspected infringer – unless this is manifestly unfounded – or as a result of investigations by government authorities. If a measure is taken, Streavent will limit it, as far as possible, to the allegedly infringing content. Streavent will immediately inform the customer of the measures taken, stating the reasons, and request the customer to remove the allegedly illegal content or to explain and, if necessary, provide evidence of its legality. Streavent will immediately rescind a measure as soon as the suspicion is refuted.
- In this context, the customer undertakes to indemnify Streavent against all liability and all costs, including potential and actual costs of legal proceedings and reasonable legal costs, if Streavent is held liable by third parties, including the customer's employees, as a result of violations of clauses 8.2 to 8.4 or violations of law through the unlawful use of the digital event platform. Streavent will notify the customer of the claim and, to the extent legally possible, give the customer the opportunity to defend against the asserted claim. At the same time, the customer will promptly provide Streavent with all available information regarding the facts of the case that are the subject of the claim.
- Further obligations of the customer
- The customer is responsible for the proper and regular backup of his data stored on the digital event platform and, in the event of a suspected software error, he must take all reasonable security measures to prevent the loss or damage of his data.
- If the customer uses live direction or technical support from Streavent, he is obliged to work cooperatively with Streavent.
- The customer is obliged to check his data and information for viruses or other malware before entering it and to use state-of-the-art virus protection programs for this purpose.
- Liability
- Streavent is liable without limitation for damages caused intentionally or through gross negligence. Streavent excludes liability for slight negligence. This limitation does not apply to damages resulting from injury to life, body, or health, or in the event of a breach of essential contractual obligations. Essential contractual obligations are those obligations whose fulfillment is essential for the proper performance of a contract and on whose compliance the contractual partner can regularly rely. Liability under the Product Liability Act remains unaffected.
- To the extent that Streavent is liable for slight negligence, liability for property damage and financial loss is limited to the damage typical for the contract and foreseeable.
- In the event of data loss, Streavent shall only be liable for the costs required to restore the data if the customer has properly backed up the data in accordance with the state of the art.
- Streavent shall not be liable for any further damages.
- The above limitation of liability also applies to the personal liability of Streavent’s employees, representatives and bodies.
- Payment terms
- Unless otherwise agreed between Streavent and the customer, when booking the One-Time Event license package, the fee for the services will be invoiced after the event has taken place. Unless otherwise agreed, the fee to be paid by the customer is due fourteen days after invoicing.
- Unless otherwise agreed between Streavent and the customer, when booking the monthly license package, the fee for the services is due at the beginning of each calendar month commenced from the conclusion of the contract, unless the parties have agreed on a later start date. The fee for the respective month is due in advance on the third business day of each month. In the first month of the license period, the fee is due upon full provision of the digital event platform for configuration.
- Contract term and termination of the contract
- The contractual relationship begins upon conclusion of the contract. The term of the contract depends on the contractually agreed license package.
- Unless otherwise agreed between the parties, the contract term for the monthly license package is at least two months (hereinafter "Fixed Contract Term"). Thereafter, the contract is extended for an indefinite period. The contract may be terminated by either party with one month's notice to the end of the month, for the first time upon expiration of the Fixed Contract Term.
- When booking a one-time event license package, the customer can postpone the event to a later date at any time, even on the day of the event itself. Withdrawal from the contract is possible free of charge up to fourteen (14) days before the event. If the contract is withdrawn less than fourteen (14) days and more than seven (7) days before the event, the customer must pay 50% of the agreed fee. If the contract is withdrawn seven (7) days or less than seven (7) days before the event, the customer must pay 100% of the agreed fee.
- The customer must pay for any services already provided by Streavent to the customer at the time of cancellation. Streavent will invoice the customer for these services even if the event is no longer held.
- The right to extraordinary termination for good cause remains unaffected for both parties. In the event of extraordinary termination for good cause, Streavent is entitled to block access to the server and use of the digital event platform with immediate effect.
- Termination must be in writing.
- The data uploaded by the customer to the digital event platform will remain available for download for a period of four weeks after the end of the contract term and will then be completely deleted. The customer is responsible for downloading the data by this time.
- Confidentiality
Unless commercial or technical information in any form, including but not limited to business, statistical, financial, marketing, and personnel information, is disclosed by one party to the other party and marked as confidential, or, if disclosed orally, marked as confidential at the time of disclosure, and any other information that could reasonably be considered confidential (hereinafter "Confidential Information") has entered the public domain through no fault of the receiving party, or was previously available to the public as required by law, or the obligation to disclose exists due to a legally binding administrative or judicial order, neither party shall disclose Confidential Information to any third party and shall only disclose Confidential Information to those employees who need to know it. Each receiving party shall inform such employees of their confidentiality obligations under this Agreement and shall at all times ensure that such employees comply with these obligations. - Data protection and data security
- Streavent ensures that appropriate measures are taken and its employees are required to ensure the security of customer-provided data. Streavent adheres to the statutory data protection regulations, particularly the German Telemedia Act (TMG), the German Federal Data Protection Act (BDSG), and the GDPR. Details regarding data processing at Streavent are set out in the privacy policy at www.streavent.de/datenschutzerklaerung.
- If the customer processes personal data within the scope of this contractual relationship, they are responsible for compliance with data protection regulations. Streavent will process the data transmitted by the customer only in accordance with the customer's instructions. If Streavent believes that a customer instruction violates data protection regulations, the customer will be informed immediately. Details of the data processing are regulated in the data processing agreement concluded with the customer in accordance with Art. 28 GDPR.
- Streavent will back up the customer’s data on the server at regular intervals.
- Applicable law and place of jurisdiction
- This contract is governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws provisions.
- The place of jurisdiction for all disputes arising from the contract or its validity shall be, to the extent permitted by law, the registered office of Streavent.
- Final provisions
- Any assignment of the customer's rights and obligations under this contract to third parties is only permitted with the prior consent of Streavent. Streavent will not withhold consent without reasonable cause. Section 354a of the German Commercial Code (HGB) remains unaffected.
- Any agreements supplementing, amending, or specifying these Terms and Conditions, as well as any special representations and agreements, must be in writing to be effective. Corresponding statements by representatives or agents of Streavent are non-binding without their written consent. Deviations from this clause must also be in writing to be effective.