(1) Scope

1.1       Evolo Software GmbH, Görrestraße 48, 80797 Munich, Germany, info@pictomento.com (the "Provider") offers the software "PictoMento" as software-as-a-service (as described in more detail in section 3, the "Software") for use.

1.2       The Software is offered for use on the website www.app.pictomento.com (together, the "Platform").

1.3       The "Customer" is the legal entity or natural person using the Software in accordance with these Terms of Use.

1.4       The Customer and the Provider are each referred to individually as a "Party" and together as the "Parties".

1.5       These terms of use ("Terms of Use") apply to the use of the Software.

1.6       The Software may only be used by customers who are entrepreneurs within the meaning of § 14 of the German Civil Code (BGB).

1.7       Where special conditions for individual uses of the Software or for related services deviate from these Terms of Use, this will be indicated at the relevant point on the Platform. In the respective individual case, the special terms of use then apply in addition.

1.8       The Provider does not accept deviating or conflicting terms of the Customer unless it has expressly agreed to them. Counter-confirmations by the Customer referring to its own terms and conditions are hereby rejected. Individual agreements between the Parties always take precedence.

1.9       The contract language is German. Any text components in other languages serve information purposes only.

1.10     The contract text is not stored by us after the contract has been concluded. The Customer has access to the version of the Terms of Use applicable at any given time on the Platform. The version of the Terms of Use applicable at the time the contract is concluded is made available to the Customer by email or as a download.

1.11     The Software is made available in German, English and Dutch.

(2) Conclusion of contract

2.1       Use of the Software requires the conclusion of a contract between the Customer and the Provider.

2.2       The offer to use the Software as presented does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

2.3       The conclusion of a contract always requires the Customer to create a customer account by registering (the "Account").

2.4       For this purpose, the Customer must first create an Account using its details (name, email address), which must be provided completely and truthfully, and agree to the Terms of Use.

2.5       In addition, the Customer may set a password in the app.

2.6       The registration of a legal entity or a partnership may only be carried out by a natural person authorised to represent it, who must be named.

2.7       The Provider may refuse to accept registrations where there is objective cause to do so, for example where incorrect information is provided or where it is to be feared that payment obligations are unlikely to be met.

2.8       Following registration, three galleries are credited to the Customer’s Account free of charge for a period of one month.

2.9       After registration, or after expiry of the free trial period, the Customer selects the appropriate products for purchase in the app. The Customer may choose between galleries as a one-off purchase (in two different sizes) and an Unlimited version.

2.10     The information required for the payment method must then be provided.

2.11     By clicking the "Buy" button, the Customer submits a binding offer to purchase or book the Software shown in the booking overview at the pricing model displayed there.

2.12     Before submitting the binding offer, the Customer may correct all entries on an ongoing basis using the usual keyboard and mouse functions.

2.13     A contract between the Customer and the Provider is concluded as soon as the Provider makes the Software available to the Customer or accepts the offer separately (for example by email or by other digital means).

2.14     Through a password-protected login area, the Customer can carry out certain activities online, such as viewing the current number of credits and galleries, viewing the payment history and purchasing further galleries.

(3) Scope of services

3.1       The Software is a web-based application for photographers to make photos, videos or GIFs available to their clients.

3.2       The Software is operated and maintained on servers of the Provider or its sub-service providers. The servers are operated within the European Union.

3.3       For the term of the contract, the Provider grants the Customer access to the Software as software-as-a-service as described in more detail below and in accordance with the agreed availability in section 5, the rights of use in section 6 and the support services in section 8 (together, the "Service").

3.4       The functional scope of the Software is as follows: the Provider makes available to the Customer a web-based software ("PictoMento") with which the Customer can create and manage online galleries for the presentation and delivery of photo and video content and make them accessible to third parties. The functional scope includes in particular:

3.4.1        Gallery creation and management: creating, editing and managing galleries including gallery title, cover photo, structure (chapters) as well as management of access rights and settings.

3.4.2        Upload and organisation of content: upload of photo and video files (supported formats: jpg, jpeg, webp, gif, mp4) as well as organisation of content in chapter or folder structures. To optimise display, the Provider may generate display variants (e.g. preview images) in addition to the original files.

3.4.3        Display on end devices: display of galleries in an interface optimised for desktop, tablet and smartphone. Use as a progressive web app (PWA) may be possible.

3.4.4        Sharing galleries and personalised access: provision of access for third parties via shares, in particular via personalised access (individual links per invited person). Content may be displayed on a personalised basis.

3.4.5        PictoMento provides a facial recognition function with which invited persons can be shown, as a priority, content in which they are depicted. Use of this function requires the Customer to activate facial recognition for the respective gallery. The Customer warrants that, prior to activating facial recognition, it has an appropriate legal basis for the associated processing, in particular that it has obtained – where required – valid consent from the persons depicted, and that it observes any withdrawals or objections by the data subjects.

3.4.6        Interactions and downloads by recipients: recipients can view content, mark or like photos and download content. Downloading is possible by default; there are no plan-related restrictions in this respect unless otherwise provided in the description of services.

3.4.7        Privacy and visibility settings: the option to mark content as private or not publicly visible, so that such content is not displayed to other recipients.

3.4.8        Branding and design: the option to visually customise the gallery, in particular by logo, colours, fonts, layout variants, spacing and cover photo, insofar as provided for in the respective tariff or plan.

3.4.9        Multilingualism: provision of the Software in several languages (currently German, English, Dutch).

3.4.10      Print sales: the option to activate, for individual galleries, a function through which recipients of the gallery can order physical photo products. Section 11 applies in addition to this function.

3.5       Dependence on tariff or plan and terms: the specific functional scope and the validity period of galleries depend on the tariff or plan selected by the Customer during the purchase process and the description of services presented there.

3.5.1        Galleries purchased as a one-off purchase are no longer available after expiry of the respective validity period.

3.5.2        Galleries created within an Unlimited plan generally remain valid until deleted by the Customer. Where a gallery is not taken over or continued by the Customer, the Provider is entitled to delete the associated data no later than three (3) years after expiry.

3.6       Fair use rule (Unlimited): where a tariff or plan is designated as "Unlimited", use is subject to a fair use rule. If a gallery exceeds 5,000 files or 10 GB of data volume, the Provider may request the Customer to delete, compress or otherwise reduce content. If the Customer does not comply with the request within a reasonable period, the Provider may reasonably restrict use of the gallery concerned (e.g. upload restriction) until the fair use limits are observed again.

3.7       The Provider is entitled to further develop the Software and change functions, provided that this does not materially impair the main contractual performance owed. Test or beta functions may be marked separately and provided "as is".

3.8       The Customer may use the Software only within the scope of its own business activity and through its own personnel.

3.9       Where the Provider stores Customer data, the Provider takes state-of-the-art measures to protect the Customer’s data. However, the Provider is not subject to any custody or retention obligations with respect to the Customer’s data.

3.10     The Provider owes only the provision of the functions and characteristics of the Software resulting from the description of services set out above, as well as the adaptation of the Software to the current state of the art. The Provider owes no further services unless expressly agreed otherwise in writing. In particular, the Provider is not obliged to provide installation, setup, consulting, customisation or training services, nor to create or provide individual programming or additional programs. However, further service offerings of the Provider (e.g. additional features) may be made available to the Customer by separate agreement and, where applicable, against separate remuneration.

3.11     The Provider will continuously extend and improve the Software and the Service by way of patches, updates and upgrades where these (i) serve technical progress or (ii) appear necessary to prevent misuse. In addition, the Provider is entitled to change the Software and the Service where (i) applicable law requires such changes, (ii) the changes are advantageous for the Customer and (iii) the changes are purely technical or procedural in nature and have no material effect on the Customer. All other changes are subject to section 18.

3.12     The Customer may increase the agreed scope of use of the Software (including white-labelling of the gallery) by email to the Provider.

3.13     The services, technical requirements and, where the offer is subject to charge, the prices for the selected additional services are displayed to the Customer on the Platform or communicated by email prior to conclusion of the contract in each case. Booking additional services does not extend the contract.

3.14     For the remaining term of the current contract period, the difference between any increased fee and the fee already paid will be invoiced. For all subsequent contract periods, billing takes place within the framework of the agreed advance payment.

(4) Access credentials

4.1       The Customer may set an individual password in the app.

4.2       The Customer must protect and store access credentials against third-party access in accordance with the state of the art.

4.3       Access credentials may not be passed on to third parties, with the exception of disclosure to the Customer’s employees for business purposes.

(5) Availability, disruptions

5.1       The Provider makes the Software available for use at the router output of the data centre in which the server holding the Software is located (the "Handover Point"). The Customer is responsible for the internet connection between the Customer and the Handover Point and for the hardware and software required for this (e.g. computer, network connection).

5.2       The Software is offered subject to availability.

5.3       "Availability" means the Customer’s ability to use all main functions of the Software.

5.4       The average availability of the Software is 99 % on an annual average. Decisive is the availability of the Software at the Handover Point. Downtime is determined in full minutes and calculated from the sum of the resolution times (as defined below) per year.

5.5       The Provider’s measuring instruments in the data centre are decisive for evidencing availability.

5.6       The following periods are disregarded when calculating availability:

5.6.1        periods in which use of the Software is only insignificantly disrupted; and

5.6.2        periods of a significant disruption where the resolution times (as defined below) are observed; and

5.6.3        periods of unavailability due to maintenance work (i) within the regular maintenance windows, which may amount to up to 6 hours per week and are generally carried out between 22:00 and 6:00 Central European Time, or (ii) where the maintenance work was announced in advance in accordance with section 5.7; and

5.6.4        periods of unavailability due to mandatory unscheduled maintenance work necessary to remedy disruptions; and

5.6.5        periods of unavailability due to circumstances beyond the Provider’s control (e.g. force majeure, fault of third parties) for which the Provider is not responsible.

5.7       The Provider is entitled to interrupt the availability of the Software for maintenance purposes or as a result of other technical requirements. Maintenance work is carried out, where possible, between 22:00 and 6:00 Central European Time. If a maintenance measure will lead to an interruption of use of the Software of more than 30 minutes within normal business hours from Monday to Friday (excluding nationwide public holidays) between 9:00 and 18:00, the Provider will announce this maintenance work by email.

5.8       The Customer must report disruptions to the Provider by email without undue delay. Reporting and remedying of disruptions is ensured, subject to the resolution times, from Monday to Friday (excluding nationwide public holidays) between 9:00 and 18:00 (the "Service Hours").

5.9       The Provider will remedy serious disruptions (use of the Software as a whole or of a main function of the Software is not possible) also outside the Service Hours no later than 4 hours after receipt of the disruption report – provided the report is made within the Service Hours. Other significant disruptions (main or ancillary functions of the Software are disrupted but can be used, or other not merely insignificant disruptions) are remedied no later than 12 hours within the Service Hours (the periods stated, the "Resolution Time(s)").

5.10     The remedying of insignificant disruptions is at the Provider’s discretion.

(6) Rights of use

6.1       This section applies exclusively to the granting of rights of use in the Software by the Provider to the Customer; section 7 applies to the granting of third-party rights of use. Section 11 applies to the granting of rights of use by the Customer to the Provider in connection with print sales.

6.2       Subject to payment of the agreed remuneration, the Customer receives from the Provider the non-exclusive and non-transferable right to use the Software during the term of the contract to the agreed extent, as intended and in accordance with applicable law. Unless expressly agreed otherwise, the aforementioned rights of use apply only to the country in which the Customer has its registered office.

6.3       The Customer may use the Software only for its own purposes. In particular, the Customer may not

6.3.1        modify, decompile, disassemble, reconstruct or otherwise process the Software; and/or

6.3.2        use it to develop a competing software solution or assist a third party in doing so; and/or

6.3.3        use it to distribute illegal and/or infringing content; and/or

6.3.4        sell, sub-license, rent out or otherwise commercially exploit it.

6.4       The Provider reserves the right to delete infringing content as well as content containing viruses or other harmful components and/or to terminate the Service provided hereunder.

6.5       Upon termination of the contract, the rights of use end automatically without any declaration by the Provider being required.

(7) Third-party rights of use

7.1       The Software may contain open source software components. Use of these components is governed exclusively by the corresponding terms of use of the open source software components transmitted and/or referenced as part of those components. In the event of contradictions or conflicting provisions between the licence terms of the open source software and the provisions of the contract, the licence terms of the open source software take precedence.

7.2       Where the Provider makes available APIs or add-ons for third-party software, such third-party software is not covered by the grant of rights under section 6. The Customer is itself responsible for obtaining the corresponding rights of use.

(8) Support

8.1       The Provider sets up a support service for Customer enquiries regarding the Service. Enquiries may be submitted via the support channels indicated on the Provider’s website or by email. Enquiries are processed in the chronological order of their receipt.

(9) Customer obligations, prohibited uses

9.1       The Customer will ensure that the Software and the Service are used only within the contractually agreed scope. Unauthorised access must be reported to the Provider without undue delay. In the event of misuse, the Provider is entitled to block access to the Account, the login area, the Software and/or other services.

9.2       The Customer is solely responsible for the content and data processed using the Software. The Customer is obliged not to use the Software in any way that violates applicable law, official orders, third-party rights or agreements with third parties.

9.3       The Customer indemnifies the Provider against all claims, legal disputes, losses, damages, expenses, costs (including court and lawyers’ fees) and liabilities ("Losses") arising out of or in connection with (i) the Customer’s use of the Software in breach of the contract, (ii) any breach by the Customer of an obligation or prohibition set out in section 6.3 or in this section, or (iii) a claim following damage caused to a third party by Customer content distributed via the Software.

(10) Customer content

10.1     The content stored by the Customer in the storage space designated for it may be protected by copyright. The Customer hereby grants the Provider the right to make the content stored on the server accessible to the Customer upon its requests via the internet and, in particular, to reproduce and transmit it for this purpose as well as to reproduce it for the purpose of data backup.

10.2     Where data loses its personal reference through pseudonymisation, the Provider is free to further use and store the application data insofar as this is legally permissible under the applicable data protection laws.

(11) Print sales

Activation and functional scope

11.1     The Customer may activate the "print sales" function for individual galleries. Once activated, recipients of the respective gallery can order physical photo products (e.g. prints, photo books, wall art).

11.2     The purchase contract for the photo product is concluded exclusively between the buyer and the Provider. The Customer does not become a party to the contract with the buyer and assumes no warranty towards the buyer. In this respect, the Provider’s terms of sale for photo products apply.

11.3     The Provider determines the product range, the end retail prices, the production partners and the delivery area.

Granting of rights of use

11.4     For the duration of the activation, the Customer grants the Provider a non-exclusive right, limited to the respective delivery area, to reproduce the image content contained in the relevant gallery (§ 16 UrhG) and to distribute it in the form of physical printed products (§ 17 UrhG), insofar as this is necessary to fulfil a specific order.

11.5     The right of use includes the right to commission third parties (production partners) with production and shipping.

11.6     Any exploitation going beyond this, in particular for advertising or reference purposes, is not covered.

11.7     The right of use ends upon deactivation of the function or deletion of the gallery; orders already received may be processed.

Warranty of rights and indemnification

11.8     The Customer warrants that it is entitled to grant the rights under section 11.4 and that no third-party rights conflict with the exploitation, in particular no copyright, ancillary copyright or personality rights of the persons depicted (§ 22 KUG).

11.9     The Customer indemnifies the Provider against third-party claims based on a breach of this warranty, including reasonable costs of legal defence.

Customer remuneration

11.10    For granting the rights of use under section 11.4, the Customer receives remuneration calculated as a percentage share of the sales generated via the respective gallery.

11.11    The Customer determines the amount itself as a percentage. Values between [X] % and [Y] % are permitted.

11.12    The basis of assessment is the net sales price of the photo product excluding shipping costs and excluding value added tax.

11.13    Decisive is the percentage stored at the time the order is received. Changes apply exclusively to future orders.

11.14    The claim arises upon delivery of the order.

Settlement by self-billing

11.15    The Parties agree that the Provider settles the remuneration under section 11.10 by way of self-billing pursuant to § 14(2) sentence 2 UStG (Gutschriftverfahren). The Customer does not issue its own invoices in this respect.

11.16    Settlement takes place [monthly] for the orders delivered in the respective settlement period.

11.17    The self-billed invoice states the remuneration as consideration for the granting of the reproduction right under German copyright law.

11.18    Where the Customer is established in another member state of the European Union and holds a valid VAT identification number, settlement takes place without value added tax being shown, with reference to the reverse charge mechanism.

11.19    If the Customer does not object to a self-billed invoice within [30] days of receipt, it is deemed accepted.

11.20    Payment is made from a balance of [X] euros. Amounts below this are carried forward to the next settlement period.

Tax information

11.21    Before activating the function, the Customer must provide: place of business, VAT status (standard taxation or small business regulation pursuant to § 19 UStG) as well as tax number or VAT identification number.

11.22    The Customer is obliged to notify any changes to this information without undue delay.

11.23    The remuneration constitutes business income for the Customer and is to be taxed by the Customer.

11.24    The Customer is liable for damage arising from incorrect or non-updated information, in particular a tax liability pursuant to § 14c UStG.

Declaration regarding permanent establishment (customers without a place of business in Germany)

11.25    Customers with a place of business outside Germany must confirm, before activating the function, that they maintain neither a permanent establishment nor any other facility in Germany and that they carry out their activity exclusively through establishments outside Germany.

11.26    The Customer is obliged to notify any change in these circumstances without undue delay.

11.27    Without this confirmation, the Provider is obliged to withhold and remit tax from the remuneration pursuant to § 50a EStG.

11.28    The Customer indemnifies the Provider against claims arising from the declaration under section 11.25 being incorrect or from a change not having been notified, including any liability claim for failure to withhold tax.

Reversal, corrections and complaints

11.29    If an order is cancelled, refunded or replaced free of charge, the remuneration claim for that order lapses.

11.30    Remuneration already settled is offset against the next self-billed invoice. If the balance is insufficient, the difference is carried forward to subsequent settlement periods.

11.31    Complaints from buyers are handled by the Provider.

11.32    Where a defect is due to the image file provided by the Customer being unsuitable for the format ordered, the Provider may offset the resulting costs against the remuneration under section 11.10.

(12) Remuneration

12.1     The Customer must pay the Provider a fee for the use of the Software and the Services. The prices and settlement periods stated at the time of the order apply, as presented under the "Prices" section.

12.2     The Provider reserves the right to increase the fees for future contract periods. In this case, the Provider is obliged to communicate the increase to the Customer in writing at least eight (8) weeks before it takes effect. Should the Customer not accept the price increase, it is entitled, in the case of a price increase of more than 5 %, to terminate the contract with 14 days’ notice to the end of the current contract period.

12.3     All fees and charges are stated in euros and are payable in euros plus applicable value added tax.

12.4     The Provider will issue the Customer an invoice once upon booking. The remuneration is due for payment within 14 days of receipt of the invoice. In the case of an increase in the scope of use during a contract period, section 3.13 applies.

12.5     Interest at the applicable statutory rate is charged on invoices not settled within this period. In addition, services may be restricted in the event of default. In the case of payment default of more than 60 days, the Provider is entitled to terminate the entire contractual relationship for cause.

12.6     All payments due are made via the payment provider Mollie.

12.7     The Customer is not entitled to set off claims against the Provider unless these are claims established by a final court decision or acknowledged in writing by the Provider.

(13) Term, termination

13.1     One-off purchase ("pay per gallery"): the Customer may acquire galleries as a one-off purchase. To do so, the Customer selects a package ("Small" or "Large") in the app. Depending on the package selected, the respective gallery is available to the Customer for a term of three (3) or twelve (12) months from creation or provision of the gallery. Termination is not required for one-off purchase galleries. After expiry of the respective term, the gallery concerned is no longer available.

13.2     Unlimited plan: the Customer may book an Unlimited plan with a term of twelve (12) months. During the term of the Unlimited plan, the Customer may create and use galleries; this is subject to the fair use rule pursuant to section 3.6. The Unlimited plan does not renew automatically. Upon expiry of the term, the Unlimited plan ends and may be booked again by the Customer for a further twelve (12) months if required.

13.3     Price cap / automatic switch to Unlimited: within a rolling period starting from the creation date of the first gallery created as a one-off purchase, the Customer pays no more for the use of the Software than the price of the Unlimited plan (the "price cap"). If the sum of the fees paid by the Customer for one-off purchase galleries reaches or exceeds the price of the Unlimited plan, the Provider automatically switches the Customer to the Unlimited plan. In this case, the term of the Unlimited plan begins retroactively on the creation date of the first gallery of the relevant period and ends after twelve (12) months (the "rolling end date"). Galleries created during the term of the Unlimited plan generally remain valid until deleted by the Customer, subject to deviating provisions on data deletion.

13.4     The right to terminate for cause without notice remains unaffected. Cause exists, among other things, where the other Party grossly breaches contractual obligations, where insolvency proceedings are opened over its assets, or where it becomes insolvent or unable to pay. Cause for termination also exists where the other Party uses data contrary to the contractually agreed provisions.

13.5     Any termination must be made in text form.

13.6     Upon termination of the contract, all rights of use in the Software granted to the Customer expire immediately and the Customer must cease using the Software.

(14) Warranty

14.1     The Software provided by the Provider substantially corresponds to the description of services stated. In the case of updates, upgrades and new version deliveries, claims for defects are limited to the innovations of the update, upgrade or new version delivery compared with the previous version.

14.2     In principle, the statutory provisions on warranty in rental agreements apply. However, the application of § 536a(2) BGB (tenant’s right of self-remedy) and strict liability under § 536a(1) BGB for defects already existing at the time the contract was concluded are excluded.

14.3     In all other respects, the provisions of service contract law (§§ 611 et seq. BGB) apply.

14.4     The Provider gives no warranty that the Customer’s business expectations associated with the use of the Service will be realised.

14.5     Without express confirmation, the Provider assumes no additional guarantee for the Software.

14.6     Any claims for damages are subject to the limitations set out in section 15 (Liability).

(15) Liability

15.1     The Provider is liable without limitation in cases of intent, gross negligence and culpable injury to life, body or health. The Provider is further liable without limitation for claims under the German Product Liability Act, for guarantees assumed in writing by the Provider and for claims based on the absence of warranted characteristics.

15.2     Without prejudice to the cases of unlimited liability under the preceding section, the Provider is liable to the Customer for slightly negligent breaches of duty only in the case of a breach of material contractual obligations, that is, obligations whose fulfilment makes the proper performance of the contract possible in the first place or whose breach jeopardises the achievement of the purpose of the contract and on whose observance the Customer may regularly rely, but limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. Strict liability under § 536a(1) BGB for defects already existing at the time the contract was concluded is excluded.

15.3     The Provider reserves the right to plead contributory negligence on the part of the Customer (e.g. due to a breach of its duties to cooperate under section 9).

15.4     The Provider is liable for the loss of data only up to the amount that would have been incurred to restore the data had it been backed up properly and regularly.

15.5     The Provider assumes no liability for damage arising where the Customer passes on passwords or user identifications to unauthorised persons, or where these otherwise reach unauthorised persons without the Provider having any influence on this.

15.6     These liability provisions also apply for the benefit of the Provider’s employees, representatives and corporate bodies.

(16) Data protection

16.1     The Customer will comply with the applicable data protection provisions when using the Software. In this respect, the Provider is not a controller within the meaning of Art. 4(7) GDPR.

16.2     Where necessary, the Parties will conclude a data processing agreement and technical and organisational measures (TOM) in accordance with the template provided by the Provider before processing begins. In this case, the Provider will process the relevant personal data solely in accordance with the provisions set out therein and in accordance with the Customer’s instructions.

16.3     By way of derogation from section 16.1, when processing orders in connection with print sales under section 11, the Provider acts as controller in its own right within the meaning of Art. 4(7) GDPR with regard to the buyer’s order, contract and payment data as well as the transmission of the ordered image files to the production partner required to fulfil the order.

16.4     Where the Provider stores Customer data in connection with the use of the Software, such data remains the property of the Customer and is not passed on to third parties.

16.5     Until three months after termination of the contract, the Customer is entitled to have its data exported in a common format. Thereafter, release is possible only on a case-by-case basis (insofar as the data is still available) and against separate remuneration.

(17) Confidentiality

17.1     The Parties undertake to treat as confidential all Confidential Information obtained in connection with the contract and its performance and not to disclose or pass it on to third parties (the "Confidentiality Obligation").

17.2     "Confidential Information" means all economic, technological, scientific, patent-related and other internal information of the Parties concerning any business strategies, ideas, intellectual property rights, development, know-how and production of the Parties which has already been communicated or is communicated within the framework of the contract.

17.3     The Confidentiality Obligation does not apply to information

17.3.1      that was already in the possession of the other Party before being handed over by that Party; or

17.3.2      that was already publicly known at the time of handover; or

17.3.3      that becomes generally known after handover through publication or otherwise, unless this occurs through a breach of the confidentiality obligation governed by this section by one of the Parties; or

17.3.4      for the disclosure of which to third parties the other Party has given its prior consent in text form (including emails); or

17.3.5      for which there is a statutory obligation to surrender or disclose.

(18) Amendments to these Terms of Use

18.1     For good cause, in particular in the event of changes in the legal situation, in supreme court rulings, in the Software, in the Service, in related services or in market conditions, the Provider may notify the Customer of an amendment to these Terms of Use, indicating the material changes. The amended Terms of Use are deemed agreed if the Customer has not objected to the amendment within one month of receipt of the notification and the Provider has specifically pointed out this consequence to the Customer in the notification. Changes to the service content agreed with the Provider require the Customer’s express consent, irrespective of the above provisions.

18.2     If the Customer objects to an amendment of the Terms of Use within the period set out above, the Provider is entitled to terminate the contract with three months’ notice to the end of the month.

18.3     In the event of an increase in fees, section 12.5 applies in addition.

(19) Notices

19.1     Notices from the Customer are to be sent by email to info@pictomento.com. The Customer must promptly communicate important changes to its customer data or other circumstances affecting the contractual relationship to the Provider at the above email address.

(20) Final provisions

20.1     The authoritative version of these Terms of Use is the version drafted in German. The English and Dutch versions serve information purposes only.

20.2     German law applies, excluding its conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).

20.3     The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Use or the contract is Munich, Germany, unless mandatory statutory provisions provide otherwise. The place of performance is the Provider’s registered office.

20.4     Should any provision of these Terms of Use be or become invalid, contain an inadmissible time limit or contain a gap, the legal validity of the remaining provisions remains unaffected. Unless the invalidity results from a breach of §§ 305 et seq. BGB (application of general terms and conditions), a valid provision that comes closest in economic terms to what the Parties intended shall be deemed agreed in place of the invalid provision. The same applies in the event of a gap. In the case of an inadmissible time limit, the statutorily permissible period applies.

Version: 05.08.2026