Terms of Service

LIVEDAB GmbH – The Filter Company (hereinafter: LIVEDAB) offers customers the possibility to provide individual filters or effects for the purpose of editing photos by end users in order to post or share them afterwards.

The following Terms of Service apply to contracts established with customers as part of the registration process on the [app.livedab.com](http://app.livedab.com) website (hereinafter referred to as the website) and govern the use of the applications provided to customers (short: LIVEDAB services).

Section 1. General

1.1

The use of the LIVEDAB services requires prior registration and successful registration with the consent of these T&C as well as the data protection declaration for the use of the LIVEDAB services.

1.2

For the purpose of fulfilling the contract and for the provision of the contractually owed service by LIVEDAB, LIVEDAB may also use third parties as so-called vicarious agents.

1.3

There is no entitlement to conclude a contract with LIVEDAB. The user contract as well as the resulting rights of the customers are not transferable to third parties without the consent of LIVEDAB.

Section 2. Specifications for services

2.1

LIVEDAB grants registered customers the right to use the LIVEDAB services; only for the benefit of the customer’s own company.

2.2

A customer area is available to customers via the website. In particular, it is a question of providing functions to create or store individual filters/effects for editing photos. More information on the features available to customers via the LIVEDAB services can be found on the website at the URL.

2.3

Customers can choose between different contract options per campaign to use the services provided by LIVEDAB. It is possible to obtain different contract options within a user account. The use requires a complete registration and confirmation of the stored email address.

2.3.1 Free

  • Free deposit of your own campaign with up to 2 individual filters or effect
  • The filters and images of the end users are branded a LIVEDAB watermark.
  • Free provision of a campaign with individual filters/effects for up to 25 uses.
  • Possibility of booking additional one-time services for a fee.
  • Direct upgrade to Basic and Pro Plan possible.
  • A maximum of three active campaigns can be activated per user in the Free contract option.
  • Contract term: 1 month (automatic renewal).

2.3.2 Basic

    • Launch your own campaign with up to 4 individual filters or effects.
    • Removal of the watermark in the filter design.
    • Provide a campaign with individual filters/effects including 250 uses.
    • Direct upgrade to the Pro Plan possible. Downgrade takes place at the end of the term.
    • The change of the term of the contract is always possible at the end of the term.
    • Upon termination, the campaign will be deactivated, archived and transferred to the Free Plan. If there are already 3 active Free campaigns, a reactivation is possible by contract renewal or only after one of the other active campaigns has been disabled.
    • Contract term selectable: 1 month or 12 months (automatic renewal).

.

  • The contract option can be booked directly in the LIVEDAB platform.

2.3.3 Pro

  • Deposit a campaign with up to 6 individual filters or effects.
  • Removal of the watermark in the filter design.
  • Provide a campaign with individual filters/effects including 1,000 uses.
  • Downgrade of the campaign takes place at the end of the term.
  • The change of the term of the contract is always possible at the end of the term.
  • Upon termination, the campaign will be deactivated, archived and transferred to the Free Plan. If there are already 3 active Free campaigns, a reactivation is possible by contract renewal or only after one of the other active campaigns has been disabled.
  • Contract term selectable: 1 month or 12 months (automatic renewal).
  • The contract option can be booked directly in the LIVEDAB platform.

2.3.4 Enterprise

The Enterprise contract option includes individual agreements as well as extensive included functional scopes, which are individually agreed between the customer and LIVEDAB GmbH.

The subject matter of the respective contract between LIVEDAB and the customer is determined according to the contract option chosen by the customer. The enterprise contracts are negotiated individually with the customer; for these, the terms and conditions here in this case apply only to the extent that clauses have not been replaced by the individual contract. The pricing and scope of services is always agreed outside the terms and conditions.

2.3.5 Other directly bookable contract options and extensions

If the number of usages exceeds the selected quota, the campaign is automatically deactivated. It is possible to procure additional filter use quotas manually. The booking must be made independently by the user. Depending on the selected model, the Filters Uses can be used for all campaigns of the user or only for a specific campaign.

In addition to providing a quota of filter/effect usage, additional product features can also be unlocked separately for a fee. The activation is always done on a specific campaign and cannot be transferred. This exclusion of transfer between campaigns also applies within a user account.

2.3.6 General Information / Contract Renewal

The current price list is valid and available via the website at the URL https://livedab.cc/#pricing.

The contractual relationship shall be tacitly extended by the chosen term of the contract (1 month or 12 months) if it is not terminated by a contracting party with a period of three days to the end of the contract term, which was initially provided for or tacitly extended; the details are regulated by Clause 5 of these General Terms and Conditions.

2.4

Customers create the respective content for the campaigns for which they provide the individual filters or effects themselves.

Shared campaigns publish LIVEDAB through a separate URL during the duration specified for each campaign.

Completed campaigns are archived for customers with a customer account through the internal customer area at the end of a campaign’s runtime and can be reactivated for re-campaigns at any time. The login takes place directly on the LIVEDAB website.

2.5

The filters or effects created or made available by the customers by the LIVEAB services do not represent the contents of LIVEDAB and are not checked by LIVEDAB for completeness, correctness and/or legality.

2.6

LIVEDAB is entitled to technically edit the content posted by customers via the LIVEDAB services in such a way that it can be used as a filter or effect within the service for end customers.

2.7

LIVEDAB strives to further develop the services offered. In connection with the further developments, LIVEDAB services or individual applications will be continuously improved and/or expanded. The right to use the LIVEDAB services exists only within the framework of the current state of the art. In this context, it may sometimes be necessary to temporarily restrict services within the LIVEDAB services with regard to capacity limits, the security or integrity of the servers or to implement technical measures in order to ensure proper performance. LIVEDAB will take into account the legitimate interests of its customers, such as.B in the case of scheduled maintenance work by making a notice in advance on the website. The provisions of clause 8 of these General Terms and Conditions remain unaffected by the above provisions.

2.8

The quota included by the customer in the contract option for providing individual filters /effects (filter uses) within a campaign is available to the customer for the duration of one month.

In addition, it is possible to purchase additional quotas. This additional quota can be used in all user-created campaigns. These quotas are available for an extended period of one year.

If the customer leaves all or part of the quota provided by LIVEDAB unused, no credit will be credited; there is also no entitlement to (partial) reimbursement of the fee for the quota that has not been used or is not fully used.

3. Registration / Registration

3.1

Registration with LIVEDAB is only permitted for legal persons, partnerships and natural persons with unlimited legal capacity. The registration of a legal person or partnership may only be made by the natural person or persons entitled to represent him or her, who must also be named.

3.2

Customers must provide the data requested at the time of registration in full and correctly, provided that they are not marked as voluntary information. If the data is changed after registration, customers are obliged to inform LIVEAB of the changed data immediately and to update them in the main menu of the website.

3.3

After the successful completion of the registration, the customer has the opportunity to use the LIVEDAB services; for the login, the email address and the corresponding password must be entered. Customers must keep the password required for the use of the LIVEDAB services secret and carefully secure access to their LIVEDAB account; the password may not be communicated to third parties. Customers are prohibited from allowing third parties to use the LIVEDAB services with third-party data. If there are indications to the customer that a third party is aware of the access data or that access to the LIVEDAB services has been misused by third parties, LIVEDAB must be informed immediately.

3.4

A LIVEDAB account is non-transferable. The quotas chosen by the customer for the provision of filters/effects may not be resold or otherwise transferred to third parties for consideration.

Section 4. Compensation / Payment Terms

4.1

The amount of the fee to be paid by the customer to LIVEDAB depends on the selected contract option.

4.2

All prices represent total prices – i.e. they include all price components including VAT.

4.3

The payment of the fee to be paid by the customers shall be paid on a monthly basis, if and unless otherwise agreed.

LIVEDAB bills the customer’s chosen tariff for providing the individual filters/effects.

If the number of uses exceeds the selected quota within the current month and an additional fee is due for each filter/effect usage outside the quota, a separate invoicing shall be made for this purpose.

4.4

LIVEDAB accepts the payment methods also listed on the website and made available to the customer for selection. The customer selects the payment method he prefers himself. LIVEDAB uses external service providers (so-called payment service providers: Stripe) to process payments.

In the case of a credit card payment (Mastercard, VISA, American Express), the customer, by disclosing his credit card details, grants the authorization to charge the invoice amount at the credit card company in question when the credit card is due.

4.5

If the customer is in full or partial delay with an invoice amount, LIVEDAB is entitled to block the customer in part or in full. LIVEDAB will threaten the customer with the impending suspension at least two weeks in advance. Even in the event of blocking, the customer remains obliged to pay the fee.

Section 5. Duration of contract / termination

5.1

The contractual relationship between LIVEDAB and the customer comes into force with the successful completion of the registration and receipt of the registration confirmation with the customer.

5.2

The time limits for an ordinary termination are based on the contract option chosen by the customer (see Section 2.3 above)

5.3

For important reasons, the contractual relationship between LIVEDAB and the customer can be terminated even without observance of a notice period. Such an important reason exists if the termination part cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of the notice period, taking into account all the circumstances of the individual case and taking into account the mutual interests.

Section 6. Obligations of the Customer

It is the customer’s responsibility to ensure that the use of the LIVEDAB services does not violate these Terms and Conditions, legal regulations and/or third-party rights.

6.1

Customers are responsible for the content (including texts, logos, graphics) that customers create and/or make available via the LIVEDAB services.

6.1.1
It is prohibited to deposit content for campaigns that violate legal regulations, morality or the rights of third parties. The content must not contain discriminatory or racist content or representations.

6.1.2
The respective contents must refer exclusively to the goods and/or services offered by the customers. Among other things, customers are prohibited from using third-party trademarks or business signs for campaigns without the consent of the owner of the trademark or the trade mark.

6.1.3
By creating a campaign, the customer agrees that the content stored by him as a filter or effect will be used by end users via the LIVEDAB platform and made publicly available.

6.2

The customers grant LIVEDAB a simple and spatially unlimited and time-limited right of use for the reproduction and the public access via the LIVEDAB website.

6.3

Before uploading the content to be deposited as a filter or effect online, customers must ensure that they are entitled to the necessary exploitation/use rights to the content and that their public access does not violate any legal norms, morals or rights of third parties – in particular copyright, trademark, design and/or other intellectual property rights as well as personal rights.

6.4

After starting a campaign, the filter or effect can be replaced or removed at any time during the duration of a campaign; however, if and to the extent that this filter or effect has already been used by end-users, no subsequent adjustment of the image files already uploaded and edited by the end users will take place.

6.5

LIVEDAB reserves the right to block campaigns if there are concrete indications that the filters or effects violate legal regulations, these GTC, good morals and/or the rights of third parties.

6.6

Customers are prohibited from abusing or accessing the LIVEDAB Services in any manner other than the user interfaces provided by LIVEDAB and in accordance with these Terms and Conditions. In particular, electronic attacks on THE LIVEDAB services are prohibited as abusive interference; for example:

  • so-called hacking attempts to overcome, circumvent or otherwise override the security mechanisms of THE LIVEDAB services,
  • Applying and/or spreading viruses, worms, Trojan horses,
  • Brute force attacks and/or
  • other measures or procedures that may interfere with the LIVEDAB services, including all hardware/software used to operate them, and/or damage LIVEDAB.

6.7

Customers acknowledge that the rights to the business name, company and brand of LIVEDAB as well as the symbols, equipment and other characteristics and designations belonging to the market system of LIVEDAB are solely entitled to LIVEDAB. Customers will not use them as part of their own company or business name.

Section 7. Sanctions and other consequences

Compliance with these Terms and Conditions is important for the functioning of the LIVEDAB services. Therefore, LIVEDAB will also impose sanctions on customers if there are concrete indications that a customer violates legal regulations, third-party rights, morals and/or these terms of use.

7.1

LIVEDAB reserves the right to remove filters or effects created or stored by customers without prior notice if and to the extent that concrete indications arise that they violate legal regulations, good morals and/or the rights of third parties.

7.2

When choosing the LIVEDAB will include the legitimate interests of the customer concerned in the decision and will also take into account whether there has been no wrongdoing or whether the infringement was committed culpably. The following measures and sanctions are eligible for LIVEDAB:

  • Warning of the customer,
  • partial or if necessary complete deletion of the filters or effects,
  • Restriction of the use of applications by the customer,
  • temporary blocking of the customer,
  • permanent suspension of the customer as an extraordinary termination, if there is an important reason why a continuation of the contractual relationship is unreasonable for LIVEDAB.

If a customer has been blocked, further use of the LIVEDAB services by the customer is prohibited.

Section 8. Liability exemption by customers

8.1

Customers are obliged to take reasonable precautions to secure state-of-the-art content stored through the LIVEDAB services. It is therefore up to the customers to provide important information if necessary. appropriate media, so that unrestricted access to the data is possible independently of LIVEDAB.

8.2

Customers infreefrom LIVEDAB from all claims that third parties assert against LIVEDAB for violation of their rights by the filters or effects created or stored by a customer by means of the LIVEDAB services. The customer assumes the costs of the necessary legal defense of LIVEDAB, including all legal and legal fees in the legal amount. The customer is obligated to provide LIVEDAB immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the event of a claim by third parties. An indemnity shall be waived if the infringement is not the responsibility of the customer.

9. Reference

The customer grants LIVEDAB GmbH the right to include the customer in the LIVEDAB reference lists, to mention them as reference customers on their website or in other media and to reproduce and distribute the services rendered in the context of self-promotion and to present them publicly for demonstration purposes. LIVEDAB is given the right to explicitly refer to the customer and information from the cooperation that does not contain any secrets (simple right of use to the customer’s company name and logo).

The customer can revoke this right at any time to LIVEDAB in writing – also by email.

Section 10. Limited Liability by LIVEDAB

10.1

LIVEDAB is liable in accordance with the statutory provisions for intent and gross negligence on the part of LIVEDAB, its legal representatives, executives or other vicarious agents. The same applies to the assumption of guarantees or other liability independent of fault as well as to claims under the Product Liability Act or in the event of culpable injury to life, body or health. LIVEDAB is therefore liable for simply negligent breaches of essential contractual obligations caused by LIVEDAB, its representatives, executive officers and simple vicarious agents, i.e. such obligations, on whose fulfilment the user regularly trusts and may rely for the proper execution of the contract, but in this case limited to the typically occurring, foreseeable damage.

A further liability of LIVEDAB is excluded.

10.2

Insofar as THE liability of LIVEDAB is excluded or limited, this also applies in favour of the personal liability of its legal representatives, executives and simple vicarious agents.

Section 11. Data Protection

The collection, processing and use of personal data are governed by the applicable data protection regulations, the provisions of the data protection policy for the LIVEDAB services and those of customers. declared consents.

Section 12. Future changes

12.1

LIVEDAB reserves the right to change the provisions of these General Terms and Conditions at any time and without giving reasons in compliance with the conditions set out in clauses 11.2 to 11.4 below.

12.2

Excluded from the above power of amendment are amendments in the description of the subject matter of the contract in accordance with clause 2 of these General Terms and Conditions. LIVEDAB will therefore notify the Customer of any changes or deviations from the promised service and offer them the continuation of the user relationship under the changing terms and conditions if the interests of the customers are affected as a result of the changes and/or deviations. The right of termination to which the customer is entitled remains unaffected.

12.3

Other changing provisions not covered by clause 11.2 will be sent to the customer by email no later than two weeks before the planned entry into force. If a customer does not object to the validity within two weeks after receiving the email, the amended terms of use shall be deemed to have been accepted. LIVEDAB undertakes to inform the customers separately of the significance of the two-week period in the email containing the amended provisions.

12.4

If the customer objects to the validity of the new GTC within the time limit set out in clause 11.3, LIVEDAB shall remain entitled to terminate the contractual relationship with the customer.

Section 13. Final Provisions

13.1

The contractual relationship between LIVEDAB and the customer is governed exclusively by the law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.

13.2

If the customers are merchants, legal entities under public law or special funds under public law, the place of jurisdiction for all disputes arising out of or in connection with the contractual relationship is: Hamburg

LIVEDAB GmbH – The Filter Company

Represented by the management:
Hannes Meine, Adrian Hanrath

Wiesenstraße 46
20255 Hamburg / Germany

VAT: DE324798167

Commercial Registers:
Hamburg District Court (HRB 157430)

Contact / Support:
Phone: +49(0)40 – 822 106 4402
Email: info@livedab.com