Media Services GmbH
Phone: +49 89 4132 578 1659
VAT identification number: DE341508898
Register Court: Amtsgericht München
Registration Number: HRB 266809
Managing Director: Josef Reidinger • Ernst Feiler
§2 Subject matter of the Contract for Use, duration and termination
2.1 This Contract for Use authorizes User or the person authorized by User to access the web-based content platform Webgate.io made available by Provider, and to save, make available for access, access and/or transcode production-related content such as audio and video files and other production-related data on the applicable servers via the web-based access. Furthermore, User has the opportunity to administer contact data and to send or receive messages. The usage is limited to the amount of storage, the number of source minutes per month, the number of users and/or the package-specific services allocated by the Provider. The subject matter of the Contract for Use is the use of the services by User, to the extent of the service package booked and paid for. The scope of the services provided for use, and the restrictions, are formulated in real terms by the instructions and information issued during the ordering process, in particular by the service packages defined in the ordering process.
2.2 The actual graphic and functional design of the contractual usage options, and the decision to add new features these options or supplement them with fee-based additional services lies within Provider’s discretion. Provider has the right to modify the design at any time, in adherence to the contractual usage options.
2.3 The service packages are offered with the durations specified in the ordering process. A monthly subscription starts on the day of the Booking and extends automatically by a further month if the User does not cancel it in writing or by email at least three calendar days before expiry, or by clicking on the Cancel button in the user profile by the expiry date, or if the Provider does not cancel the subscription in writing or by email at least three days before expiry. A yearly subscription starts on the day of the Booking and extends automatically by a further year if the User does not cancel it in writing or by email at least three calendar days before expiry, or by clicking on the Cancel button in the user profile by the expiry date, or if the Provider does not cancel the subscription in writing or by email at least three days before expiry. The start of the term is determined by the time of the user's booking by the provider (conclusion of contract). The contractual relationship ends upon the termination becoming effective, and User is then no longer allowed to use the contractual access. Provider has the right to block the account.
2.4 The subscriptions in Webgate.io offer a predetermined number of source minutes per month and a specific volume of storage measured in GB. The term "source minutes" refers to the new program minutes that may be added to a playlist per month. Once the source minutes have been used up during a given subscription period, no more videos can be added to a playlist during that period with the existing plan. There is no restriction to the playlist derivatives with different watermarks and resolutions created during the subscription period from the video sources. We define storage in GB as the available storage in gigabytes. In addition to the uploaded data, video derivatives created on the platform also consume storage. How much storage a video derivative requires can be calculated in the Webgate.io Guide.
2.5 Provider has the right to irrevocably delete all data uploaded, retrieved or created within the scope of the usage, 14 calendar days after the termination of the Contract for Use or blocking of the account, taking into account any statutory data-retention periods.
2.6 At its own discretion, Provider can terminate the Contract for Use or limit, suspend or end its use at any time without notice, in particular if it becomes aware that the usage breaches the Contract, is improper, fraudulent in any other way or violates the interests of Provider or other users. In the event of objective and concrete grounds for suspicion, the provider reserves the right to carry out random checks of the uploaded content in this respect.
2.7 Other service packages can be booked at any time. If a larger service package than the current one is booked, the Booking becomes effective immediately for the remaining term of the current subscription period, with the price being calculated pro rata temporis for the remaining days in that period. If a smaller service package is booked, the Booking takes effect at the next subscription renewal. When switching from a monthly subscription to a larger yearly subscription, the upgrade takes effect on the same day. With this upgrade, the monthly subscription is first upgraded to the larger monthly package until the end of the current monthly subscription period, with the larger package being charged pro rata temporis. The yearly subscription then becomes active at the start of the following billing period. It is not possible to switch from a yearly subscription to a monthly subscription in the user interface. Please contact Webgate.io Support if you wish to make such a change. When changing from a yearly subscription to a larger yearly subscription, the upgrade takes place immediately on the day of the new subscription being booked. The billing period remains identical. The larger package is charged pro rata temporis for the billing period in the current billing cycle, then in full.
2.8 Depending on the service package, the Inlet add-on can be added at any time to monthly and yearly subscriptions that support it. The Inlet add-on becomes active from the day of the Booking and is linked to the monthly consumption measurement period of the main package, also for yearly bookings. When booked, the first invoice for the add-on is always for one full calendar month, regardless of when the add-on is booked within that month. Thus, in most cases, the validity period of the add-on is not a full month in the first month of use. At the end of each month, the Inlet add-on extends automatically by a further monthly billing period if the User does not cancel it in writing or by email three days before the end of the consumption measurement period, or by clicking on the Cancel button for the add-on in the user profile before the end of the consumption measurement period, or if the Provider does not cancel it in writing or by email at the latest three days before expiry. The additional storage issued and the additionally issued source minutes of the Inlet add-on can only be used within the monthly consumption measurement period. When switching to another service package that does not support add-ons, the add-on is automatically terminated when the new service package comes into effect.
2.9 The legacy plan "Studio" supports the Booking of additional source minutes. The legacy plan "Enterprise" supports the Booking of only a storage add-on and/or only a source minutes add-on. In dependence on the service package, these add-ons can be booked at any time, and they become active from the day of the Booking. Upon reaching the expiry date, the storage add-on extends automatically by a further billing period if the User does not cancel it in writing or by email three days before the end of the consumption measurement period, or by clicking on the Cancel button for the add-on in the user profile before the end of the consumption measurement period, or if the Provider does not cancel it in writing or by email at the latest three days before expiry. The additional storage issued can only be used within the billing period of the Booking. The source minutes add-on can be booked at any time, in dependence on the service package and becomes active on the day of the Booking. The source minutes add-on ends at the end of the consumption measurement period in which the source minutes add-on was booked. The additional source minutes issued can only be used within the billing period of the Booking and are forfeited if not used before the end of the billing period.
2.10 With initial Bookings, the consumption measurement period starts at the time of the Booking and runs until the same date of the following month. If there is no same date in the following month, the consumption measurement period ends on the last day of that month. An initial Booking is a Booking made where there was no previous Booking, or when transferring from a trial account to a paid subscription. Non-initial bookings (i.e. in particular upgrades) retain the existing consumption measurement period. Yearly and monthly bookings have monthly consumption measurement periods.
§3 Registration, user account, passwords
3.1 You must be registered to use Webgate.io. User is obliged to provide true and complete information about their person/company as provided for in the registration form, and to always keep this information up to date.
3.2 Only the registered user can use the user account. User has the right to set up sub-accounts in dependence on their account, in order to authorize further persons for access. User and persons authorized by User must keep their password secret and must not authorize third parties to access and/or use Webgate.io in their name. User undertakes to inform Provider immediately when they think their account or a sub-account set up by them, and the corresponding access data, have been used improperly, or if there has been a security breach regarding the use of Webgate.io.
3.4 The account will be blocked if the password is entered wrongly three times.
§4 General User obligations
4.1 User may only use the services made available by Provider within the scope of the agreed authorizations. Any use by User in excess of this is forbidden.
4.2 Any breach of obligation authorizes Provider to terminate the Contract for Use without notice, without reimbursing fees, and to block User’s account and the sub-accounts connected to it. Provider also has the right to refuse to allow a new account for this User for an indeterminate period after the termination.
§5 Obligations of the user regarding submitted content
5.1 User must ensure that they do not breach third-party rights when providing content (texts, images, photos, videos, names, brands, etc.) (e.g. copyrights, personal rights, fair competition rights).
5.2 User releases Provider from all third-party claims that such third parties assert with regard to legal breaches vis-à-vis Provider committed by User for which User is culpable. User assumes all costs of a necessary legal defense.
5.3 Provider has the right to delete or deactivate content entered by User, if said content violates third-party rights or if third parties assert legal claims on the basis of a breach of rights, the merits of which cannot be obviously ruled out. If Provider becomes aware of a possible rights breach caused by content from User, it will inform User of this without delay in text form.
5.4 When using Webgate.io, User may not: (a) store, publish and/or forward data, texts, images, files, links software or other content that in line with applicable statutory regulations or that according to Provider’s estimation is illegal, damaging, threatening, abusive, harassing, libelous, vulgar, obscene, hateful, racist, pornographic, that glorifies violence or that is objectionable in any other way; or (b) store, publish and/or forward material that contains software viruses or other information, files or programs that are intended or suitable for interrupting, destroying or restricting the function of computer software or hardware, or telecommunication equipment.
5.5 User’s content remains User’s content. With the exception of the materials that Provider licenses to User, Provider does not claim any ownership of the content that User uploads or makes available via Webgate.io. User controls who has access to this content. If User places content in an area accessible to third parties, anyone with access to these areas may also use the content.
5.6 User acknowledges and authorizes Provider to use, alter, copy, distribute and publish content provided by User to the extent required to provide Webgate.io, but only to fulfil this Contract for Use or other contracts in place between User and Provider.
5.7 User is obliged to back up data they store within Webgate.io, by making a copy of said data. If Webgate.io is blocked or terminated, the data will be deleted permanently from Provider’s server. Functional defects in hardware, software or transmission technology, damage to the computing center, force majeure, natural disasters, etc. can also lead to data becoming unusable or being permanently deleted. Deleted or corrupted data can generally not be recovered.
§6 Data protection
6.1 Provider requires certain information about User or the persons authorized by User, in order to provide the Webgate.io service.
6.2 User declares their consent to Provider using the personal data disclosed in the context of registering for and using Webgate.io (“Personal Data”) for the purpose of providing and managing Webgate.io, informing about goods and services, offering and/or delivering these, and for other purposes in this context. User shall ensure that persons authorized by them to use Webgate.io submit a declaration of consent for this purpose. Personal Data will only be stored to meet the original purpose of their being gathered, and deleted after this purpose has been met. This declaration of consent can be revoked vis-à-vis Provider at any time with effect for the future. User has the right to receive information about the stored data at any time, for any or no reason, and to have these data blocked, deleted or corrected.
6.3 The separately issued data privacy statement applies without restriction and becomes a component part of this Contract for Use by way of reference.
7.1 Provider provides Webgate.io “as viewed”, “with all errors” and “as available”. It does not guarantee that the information made available is correct or up to date. User acknowledges that computer and telecommunication systems cannot be created without faults, and that this means that there can on occasion be times during which these systems cannot be used. Provider does not guarantee that Webgate.io will run without interruption, reliably and without faults. Provider does not offer any explicit guarantees, warrantees or assurances, and it rules out any implied guarantees, including guarantees of merchantability, suitability for any given purpose, expert execution or the non-violation of third-party rights.
7.2 The respective third parties are responsible for the content and activities of third parties, in particular also content that refers to third-party websites through links. Such content and activities are not attributable to Provider, nor do they reflect Provider’s opinion.
7.3 Provider is only liable to the extent that Provider, its authorized representatives and/or its vicarious agents acted with intent or gross negligence. This does not apply in as much as main performance obligations of this Contract are breached. Main performance obligations are to be understood as obligations that the Contract has to grant User, in accordance with the purpose of this Contract, or that the proper execution of the Contract enables the fulfilment of, and which User can trust will be upheld.
7.4 Provider, its authorized representatives and vicarious agents shall only be liable for foreseeable, typical losses in the event of slight negligence. In such case there shall be no liability for loss of profits or for indirect damage in the event of financial loss.
7.5 Any strict liability on the part of Provider and the above-mentioned parties provided for by law, such as a product or guarantee liability, shall remain unaffected by items 7.2-7.4. The same applies for a liability in the event of damage to body, life or health.
The above items 7.1-7.5 encompass all contractual and non-contractual claims resulting from this Contract and/or the use of Webgate.io.
§8 Final provisions
8.1 Only the laws of the Federal Republic of Germany apply, under exclusion of international private law and UN sales law. The sole legal venue for any disputes arising out of this Contract for Use or pertaining to its effectiveness is Munich District Court 1 (Landgericht München I).
8.2 Rescissions of, alterations and amendments to this Contract for Use must be made in writing. Any oral agreements, including any oral agreement on the revocation of the written-form requirement, are null and void.
8.3 Should a provision of this Contract for Use breach the law or for any other reason be invalid or lead to commercially unacceptable results, this shall not affect the remainder of this Contract for Use. The invalid or unenforceable provision will be replaced by a provision that comes as close as legally possible to what the Parties would have agreed upon if they had considered the invalidity or unenforceability of the matter in question in advance, in view of the purpose of this Contract for Use. Gaps in this Contract are to be closed in the same way.