Legal Policy

§ 1 Scope

(1) These Terms of Service, as offered by the company, Steady Media GmbH, located at Wattstr. 11, 13355 Berlin (the licensor), cover the terms for contracts for the delivery of data by the licensor to a user or company (the licensee) in digital form (digital content).

(2) The Terms of Service apply to all digital content the licensor makes directly available to the licensee through its website or other technical systems. They also apply when the licensor makes content available via a website or other technical system (for example, via email, link or in a password protected members' area) on behalf of a contractually responsible third party (the publisher)

(3) The expressed or implied inclusion of the licensee's own business agreements or licensing terms is rejected unless expressly agreed.

(4) For the purposes of these Terms of Service, a consumer is a natural person who enters into a legal contract for purposes not related to commercial or self-employed professional activities (§ 13 German civil code). A company is a natural or legal person or entity who enters into a legal contract in connection to their commercial or self-employed professional activities (§ 14 German civil code).

§ 2 Subject Matter

(1) The licensor allows the licensee to use a digital kiosk to access to digital content under a subscription model (subscriptions), which is subject to these Terms of Service.

(2) The licensor transfers the right to use and exploit content from publishers who hold copyright over such digital content, and who license this upon the request of the licensee via its digital kiosk.

(3) The digital content is described on publisher-specific sub-pages of the website of the licensor. Subscriptions shall grant benefits, for example, early or exclusive access to digital content. The precise contractual terms of the subscriptions shall be defined by each individual subscription description. Should the publisher offer any other digital content free of charge or at a cost, in addition to the content licensed by the licensee, this shall not be subject to the current Terms of Service.

(4) Upon entering into an agreement to purchase a subscription for digital content, the licensor is obliged to provide the licensee with the defined digital content for the agreed contractual period, and to grant specific user rights (see § 8).

(5) The purchasing of subscriptions requires the licensee to complete a one-time registration by opening a user account with the licensor and accepting these Terms of Service. Registration is free of charge. The conditions are set out in § 4.

(6) The licensee recognizes and specifically agrees that, based on the subscription, the range and type of digital content can regularly change and is dependent on the number of total subscriptions. Specific target numbers (goals) defined by the publisher for the period as set out under § 6, related to the defined digital content, can be regularly found on the publisher-specific sub-page.

(7) A contractual relationship exists solely between the licensor and the licensee. These Terms of Service do not establish or regulate a contractual relationship between the licensee and the Publisher.

§ 3 Contract Completion

(1) The text and description published on the licensor's website represents a binding offer of the licensor's service offer.

(2) The licensee can accept the licensor's service offer by using the online registration function on the licensor's website or other technical system. Additionally, the licensee can accept the described service offer of a third-party publisher who has entered into an agreement with the licensor and is named as a contractual party.

(3) The licensee accepts the licensor's service offer by selecting a specific subscription for the delivery of digital goods, placing it in a virtual shopping cart, and completing the online order process. The contract is legally binding once the licensee clicks the final button in the electronic order process. At this point the contract becomes effective.

§ 4 User Account

(1) Upon accepting an offer and completing an online order process, the licensor's contractual text will be saved and sent to the licensee by email, together with the text of the current Terms of Service.

(2) Before finalizing a binding contract via the online order process, the licensee can input and correct their details using the keyboard and mouse. All details entered prior to the order finalization will be displayed in a confirmation message and can be corrected using the keyboard and mouse.

(3) The contract will be completed in the German language.

(4) The ordering process and contract completion takes place via email and automated order processing.

(5) The licensee must ensure that the email address and payment information entered during the ordering process is correct so that they can receive emails from the licensor. The provided email address is also required to receive emails from publishers. The licensee commits to keeping the provided email address up-to-date and must ensure that emails from the licensee will not be blocked by spam filters.

(6) The licensee has the possibility to amend their subscription orders via their user account. Copies of invoices from the previous three months can be found in the user account.

§ 5 Subscription Model and Price

(1) The licensee shall grant the licensor a license fee for processing the requested subscription for digital content.

(2) The amount of the license fee is set out in each subscription description. All prices are inclusive and contain lawful value-added tax.

(3) The payment of licensee fees will be made in advance of the entire effective period, which corresponds to the billing period.

(4) Payments from countries outside the European Union may in certain cases carry further costs which must be paid by the licensee. For example, there may be additional costs imposed by credit institutions for transferring money or converting currency.

(5) The licensor offers various payment methods, which are described in their current form on the licensor’s website. The data privacy policy is contained in a separate data privacy policy declaration.

§ 6 Contract Period

(1) Subscriptions are unlimited in duration and can be ended at any time without notice or grounds by each party before the end of the current subscription cycle (for example, monthly or yearly).

(2) The licensee has no right to a refund of the license fee when they cancel their contract before the end of the effective period. This does not apply if the licensee has used their right to an extraordinary cancellation under paragraph 5, and has given notice of their cancellation.

(3) If the licensor cancels the contract before the end of the effective period without any cancellation by the licensee, the licensee shall receive a refund of the pre-paid license fee in proportion to the remaining period.

(4) A cancellation notice must be delivered in text form (such as via email) in order to be effective. Cancellation can also occur via the user account.

(5) The right to extraordinary cancellation for good cause exists. Good cause exists when the terminating party, having considered all individual circumstances, and taking into account the interest of both parties, determines that the continuation of the contract until the end of the contractual period cannot be expected.

§ 7 Content Delivery, Functionality and Limitation

(1) The licensor shall deliver access digital content exclusively in electronic form by email, per download or another specified access method via the website or other technical system. Alternatively, content may be delivered via a third-party website or technical system as specified by the licensor. The licensee may be required to log in to the website of the third party using data provided by the licensor.

(2) Functionality, technical restrictions and technical protections, if in effect, can be found in the subscription description. Any delivery restrictions that may occur can also be found in the subscription description.

§ 8 Granting of Usage Rights

(1) The licensor grants the licensee a non-exclusive, non-transferable usage right over the provided digital content, unrestricted by time or place, exclusively for personal private use. Any and all commercial use is forbidden.

(2) Any transfer of the provided digital content in any form to a third person, or the creation of copies outside the limitations of these Terms of Service is not permitted, unless the transfer of rights to a third person is expressly permitted in written form by the licensor.

(3) The usage rights become effective only once the licensee has fulfilled their contractual obligations and made the required payments. The licensor may allow the use of the specified digital content before this point. Such a provisional period does not represent a transfer of rights.

§ 9 Content of Digital Goods and Copyright

The licensor, as set out in § 2, handles digital goods provided by the copyright holder. The licensor is a reseller. Digital content originates exclusively from the publisher, and not the licensor. The identity of each publisher is published on the legal notice sub-page of each respective publisher. The licensor handles the content and establishes a license for its use. The digital content does not represent the opinions of the licensor or any of its employees. The licensor does not condone or uphold the digital content from third parties.

§ 10 Right of Revocation

Consumers (as defined in § 1 Paragraph 4) have a basic right of revocation. Further information about revocation rights are contained in the revocation policy of the licensor. This revocation right can be waived in advance by the consumer in exceptional situations. The consumer will be informed about the possibility of waiving their rights in the subscription ordering process.

§ 11 Liability for Defects

Legally stipulated regulations apply.

§ 12 Data Protections

Data protection information is published in the data protection policy on the licensor's website. The licensee expressly allows the licensor to transfer their data to specific publishers from which the licensee has requested a subscription for the delivery of licensed digital content for the duration of the contractual period. The right to transfer data extends only to the data necessary in order to fulfill the specified license agreement (such as name, address, email address, contract period, subscription and cancellation). Account and payment data will under no circumstances be transferred, unless the licensor is required to do so by law or regulation. The licensee can object to future data transfers at any time.

§ 13 Final Provisions

(1) The rights of the Federal Republic of Germany apply, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. In cases where the licensee is a company, a legal person under common law or a special public fund, the jurisdiction for all disputes relating to contracts and Terms of Service between the licensor and licensee shall be the licensor's place of registration. This does not apply to consumers.

(2) For licensees who are consumers, the place of jurisdiction shall be the consumer's registered home address. For disputes relating to this contract and Terms of Service, an additional place of jurisdiction for consumers whose home address is in Germany shall be the licensor's place of registration. For consumers whose home address is in Austria, the place of jurisdiction shall be Vienna, and for consumers in Switzerland, the place of jurisdiction shall be Bern.

(3) The licensor reserves the right to amend these Terms of Service without notice at any time. The licensor shall inform the licensee of any amendments to their registered email address. The amended Terms of Service are considered to be accepted if the licensee does not appeal against them in written form or email within six weeks of receiving notice of the amendments.

§ 14 Support, Service Provider Information and Online Dispute Settlement

Support and service requests can be sent by the licensee to the licensor as the responsible service provider. Requests can also be directed to the publishers, as long as the licensor has not specifically objected and informed the licensee in text form. Service provider information is published in the licensor's website legal notice, which also contains information about online dispute settlement.

§ 1 Scope of application

(1) These special contractual conditions for the purchase of digital goods of third parties (agency business) (“BVB”) of the company Steady Media GmbH, Wattstr. 11, 13355 Berlin ("Steady"), apply to the services of Steady for the conclusion and processing of such contracts, which are concluded by a consumer or an entrepreneur ("user") with a third party legally independent of Steady ("third party publisher") and which have, as their content, the delivery/provision of data not on a physical data carrier ("digital content") and for which Steady is not itself a contractual partner, but acts as a representative of the third party publisher (agency business).

(2) The separately regulated general terms and conditions (AGB) of Steady are not applicable; these regulate contracts for such digital contents, which users purchase directly from Steady, i.e. in the name and on account of Steady.

(3) The explicit or tacit inclusion of the user's own business and/or usage conditions is contradicted, unless something else has been expressly agreed upon.

(4) A consumer in the sense of these BVBs is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity (§ 13 BGB). An entrepreneur within the meaning of these BVBs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity (Section 14 BGB).

§ 2 Content of contract

(1) Steady enables the user to technically purchase, make accessible and manage digital content (one-time purchases or subscriptions) from third party publishers via computer facilities operated by Steady (e.g. websites, platforms, computer programs, code plug-ins and similar). The providers and sellers of the respective digital content are solely the respective third-party publishers. The sale and delivery of the digital content is exclusively and irrevocably in the name and on account of the third-party publishers. Steady acts as a representative of the third party publisher (agency business) and otherwise as a technical service provider. The agreements concluded between the users and the third party publisher, in particular the price and business conditions of the third-party publisher, are solely valid for the conclusion and processing of contracts for digital content, unless expressly regulated in the context of these BVBs. The third-party publisher shall bear the sole economic risk of making the digital content available in accordance with the agreement. Steady has no influence on the prices set by the third-party publisher for the digital content.

(2) The sole content of the contractual relationship between Steady and the user is the provision and maintenance of technical facilities by Steady, with which the users are enabled to process the purchase of digital contents in the sense of paragraph 1 from third parties as well as their technical accessibility and (subscription) management (e.g. invoice retrieval, management of user data, setting of technical access barriers). In particular, the customer must conclude a user account with Steady for this purpose under recognition of these BVBs. The details are regulated in § 4.

(3) These BVBs alone regulate the contractual relationship between Steady and the user. No contractual relationship between the user and the publisher is established or regulated by these BVBs.

§ 3 Conclusion of contract

(1) The contract between Steady and the user, with content according to § 2 paragraph 2., comes into effect when the user opens an account with Steady on an online form offered by Steady by entering his email address and a password (and, if necessary, also by logging in via a third-party login, e.g. a Google or Facebook account) and with the consent of these BVBs, and activates the activation link contained in the confirmation email and receives a confirmation of the final activation of the account on the redirection website.

(2) The contract is concluded in German language.

(3) Before the binding submission of the declaration of intent to open a user account via the online order form, the user can continuously correct his entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

(4) The order processing and contact takes place via email and automated order processing.

(5) When submitting an offer via an online order form, the text of the contract will be saved by Steady and sent to the user by email after sending his order, including a link reference to the current BVBs.

§ 4 User account, technical equipment

(1) The respective scope of use of the user account results from the website provided by Steady in its current form (currently http://steadyhq.com).

(2) Depending on the third-party publisher, the user can usually do the following with the user account:

• View and retrieve invoices for the last three months
• Manage payment data
• Manage digital content contracts and cancel, renew or enter into new contracts
• Manage passwords.

(3) The user can – as far as offered by Steady – also purchase digital contents directly from Steady within the user account. These are separately identified as such. The separately regulated AGBs of Steady apply for these (see § 1 paragraph 2).

(4) The user has to keep the login data and passwords provided to him/her in a safe place and may not give them to third parties.

(5) The user ensures that the email address and payment information provided by him for order processing is correct, so that the emails sent by Steady can be received at this address. The stored email addresses are also decisive for any emails to be received directly by third parties. The user always keeps the email address up to date and, as far as technically reasonable and usual, also ensures that the receipt is not hindered by spam filters.

(6) Depending on the third-party publisher, the user may need a special payment account (e.g. Paypal). The participation requirements of the respective third-party publisher apply.

§ 5 Price, contract period

(1) The services provided by Steady within the scope of these BVBs are free of charge.

(2) The contract between the parties is concluded for an indefinite period.

(3) The contract can be terminated by both parties without giving reasons with a two-week notice period. Steady points out that such a termination has no effect on the continuance of the contractual relationship between the user and the third-party publisher, and any payment obligation of the user continues to exist despite the termination of the Steady account.

(4) The right to extraordinary termination for good cause remains unaffected.

§ 6 Right of revocation

Consumers (see § 1 para. 4) are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in Steady’s cancellation policy. The right of revocation does not exist if, by way of exception, it expires prematurely at the request of the consumer. The consumer is informed about the possibility of the expiration comprehensively during the order process.

§ 7 Liability for defects

(1) In the relationship between Steady and the user, the legal regulations apply without restriction.

(2) Steady is not liable for the contractual provision of the digital contents of the third party publishers through these, especially not for their content, stock, quality and/or condition.

§ 8 Data transfer and data protection

(1) Privacy notices can be found in the Steady privacy policy published on the website. The user explicitly agrees to a data transfer/exchange of data between Steady and the third-party publisher for the duration of the local contract period.

(2) If a contractual relationship for digital content already existed between the user and the third-party publisher before opening an account with Steady under the scope of these BVBs, and the third-party publisher has such user data at its disposal, which is necessary for the execution or processing of the local contract or the contract on which the agency business is based, the user authorizes and obligates Steady to immediately transfer the data available at the third-party publisher from their systems to the systems of Steady and to keep it always up-to-date, especially the name, address, payment data, information about current subscriptions/digital content, subscription period and cancellations. Steady guarantees a technical transferability/access to the user's essential data at the third-party publishers for the duration of the contract period.

(3) The right and the obligation to transfer and exchange data is only as far as it is necessary for the execution of the local contract and the processing of the agency business (e.g. name, address, payment data, information about current subscriptions/digital contents, subscription period, cancellations, etc.).

(4) The user can contradict the data transfer between Steady and the third-party publisher at any time with effect for the future. Steady points out that in this case, it cannot or can only partially fulfill its obligations according to this contract.

§ 9 Final provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contract and these BVBs between the user and Steady is the registered office of Steady. This explicitly does not apply to consumers.

(3) For users who are consumers, there is a place of jurisdiction at the respective domicile of the user. For all disputes arising from the contract and these BVBs, the additional place of jurisdiction for consumers with residence in Germany is the registered office of Steady, for consumers with residence in Austria the city of Vienna and for consumers with residence in Switzerland the city of Bern.

(4) Steady reserves the right to change these BVBs at any time by providing sufficient justification. For this purpose, Steady will send the changed conditions to the user to his email address stored in his account. The modified form of BVBs is considered accepted if the user does not object to its validity in writing or in text form within six weeks after receipt of the email and Steady has pointed out this fact in the email.