Terms of Service

Terms of Service for GALLERYDOCK

Terms of Service for GALLERYDOCK § 1 Provider, scope and B2B orientation (1) The provider of GALLERYDOCK is: GALLERYDOCK Edmond Rätzel Karmarschstraße 16 30159 Hannover Germany Email: info@gallerydock.com VAT identification number: DE 306 256 380 (2) These Terms of Service apply to all contracts regarding the use of the software, platform, services and functions of GALLERYDOCK between Edmond Rätzel, trading under GALLERYDOCK, and the respective customer. (3) The offer from GALLERYDOCK is aimed exclusively at entrepreneurs within the meaning of § 14 BGB, in particular at photographers, filmmakers, agencies, studios, creative service providers, legal entities under public law and special funds under public law. (4) Consumers within the meaning of Section 13 BGB are excluded from registering, ordering and using GALLERYDOCK. By registering, ordering or using GALLERYDOCK, the customer expressly confirms that he is acting as an entrepreneur and is using the services exclusively for his commercial, self-employed or professional activity. (5) There is no statutory consumer right of withdrawal, as GALLERYDOCK only concludes contracts with entrepreneurs and consumers are excluded from use. (6) Differing, conflicting or supplementary general terms and conditions of the customer will only become part of the contract if GALLERYDOCK has expressly agreed to their validity in text form. § 2 Definitions (1) “GALLERYDOCK” means the web-based software solution provided by Edmond Rätzel for creating, managing, storing, presenting and sharing media galleries. (2) “Customer” means the business user of GALLERYDOCK, in particular photographers, filmmakers, studios, agencies or companies. (3) “End customer” means people or companies to whom the customer grants access to a gallery, files, downloads, selection functions or other content. (4) “Gallery” means a digital area created by the customer for the presentation, selection, release or provision of images, videos or other media. (5) “Content” means all data uploaded, stored or published by the customer or at the request of the customer, in particular images, videos, texts, logos, names, files, metadata, watermarks, customer data, access data and other materials. (6) “Account” means the customer’s user account at GALLERYDOCK. (7) “Plan” means the service package selected by the customer, in particular Free, Base, Pro or future additional packages. § 3 Subject of the contract (1) GALLERYDOCK provides the customer with a web-based software solution with which the customer can create their own galleries, upload, manage, present, share media and make them accessible to their end customers. (2) The specific scope of services results from the plan booked, the current service description, the price page, the offer or an individually made agreement. (3) GALLERYDOCK is responsible for providing the platform in the current technical state. A specific economic success, a specific number of orders, sales, downloads, customer interactions or other results are not owed. (4) GALLERYDOCK may expand, change, improve, replace or remove functions as long as this is reasonable for the customer and the essential purpose of the contract is not impaired. (5) Individual functions may be limited depending on the plan, in particular storage space, number of galleries, upload volume, download functions, branding, own domain, video processing, team access, statistics, scope of support or public gallery functions. (6) GALLERYDOCK is not a party to the contracts between the customer and its end customer. The customer is solely responsible for his services to his end customers, in particular for offers, prices, image rights, usage rights, data protection information, imprint, general terms and conditions, cancellation instructions, payment processing and other legally required information. (7) GALLERYDOCK exclusively provides the technical platform for creating, managing, storing, presenting and providing media galleries. GALLERYDOCK is not the client, organizer, publisher, provider, seller, agent or contractual partner of the services, content, images, videos, downloads, products or other offers offered by the customer to end customers. The customer is solely responsible for the use of the platform, the content of the galleries and all legal relationships between the customer and his end customers. § 4 Registration, conclusion of contract and account (1) The representation of GALLERYDOCK on websites, landing pages, price overviews or within the platform does not constitute a legally binding offer. (2) A contract is concluded when the customer completes the registration process, books a paid plan, accepts an individual offer or GALLERYDOCK activates the account. (3) For free plans, the contract is concluded at the latest when the account is activated. (4) The customer is obliged to provide complete, correct and current information when registering and using the service. (5) Registration may only be carried out by a real, authorized person. The creation of fake accounts, false identities, anonymous accounts, accounts with false company data or accounts under someone else's name is prohibited. In the event of a violation, GALLERYDOCK is entitled to block the affected account, delete it, refuse registration, terminate existing contractual relationships extraordinarily and take other appropriate measures to the extent permitted by law. (6) When registering or ordering, the customer must expressly confirm that he is acting as an entrepreneur within the meaning of § 14 BGB, is not using GALLERYDOCK as a consumer, understands all price information as net prices plus statutory sales tax and is aware that there is no statutory consumer right of withdrawal. (7) When registering or ordering, the customer accepts the applicable general terms and conditions and, if personal data is processed via GALLERYDOCK, the Data Processing Agreement. Without this consent, GALLERYDOCK may refuse or restrict the use of the platform. (8) When registering or ordering, the customer must expressly confirm that he accepts the Terms of Service and the Data Processing Agreement, acts as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), does not use GALLERYDOCK as a consumer, understands all prices as net prices plus statutory sales tax, is aware that there is no statutory consumer right of withdrawal, and that GALLERYDOCK is not a backup, archiving or long-term archiving solution. (9) Only one account may be used per person, company, studio, agency, brand or economically related unit, unless GALLERYDOCK expressly approves otherwise or provides a team function for this purpose. (10) Creating or using multiple accounts to circumvent storage, gallery, upload, download, function, plan or payment limits is prohibited. (11) In the event of a violation, GALLERYDOCK is entitled to block, merge, delete accounts, restrict functions, refuse access, terminate existing contractual relationships extraordinarily or bill the use retroactively according to the appropriate plan, to the extent permitted by law. (12) The customer is obliged to treat access data confidentially, to secure it appropriately and to protect it from access by unauthorized third parties. (13) The customer must inform GALLERYDOCK immediately if there are indications of misuse of his account. § 5 Plans, prices and payment conditions (1) The applicable prices, storage limits, functional scope and billing models result from the price page, the ordering process or an individually made agreement. (2) Unless expressly stated otherwise, all prices quoted are net prices plus the applicable statutory sales tax. GALLERYDOCK is aimed exclusively at entrepreneurs. Prices are not disclosed to consumers. (3) Special sales tax regulations may apply to customers outside of Germany depending on their location, business status and sales tax treatment. The customer is obliged to provide relevant company data, in particular a valid VAT identification number, if necessary. (4) Depending on the payment method offered, payments are made by credit card, SEPA direct debit, bank transfer, payment service provider or other method offered in the ordering process. (5) Recurring plans are billed monthly or annually in advance, unless otherwise agreed. (6) The customer authorizes GALLERYDOCK or the payment service provider used to collect amounts due using the selected payment method. (7) If a payment fails, the customer is obliged to settle the outstanding amount immediately and to bear the costs resulting from the return debit, chargeback or failed payment, to the extent that he is responsible for the failed payment. (8) In the event of late payment, GALLERYDOCK is entitled to block access to paid functions, uploads, downloads, galleries or to the account in whole or in part until all outstanding amounts have been paid. (9) The customer is in default no later than 30 days after the due date and receipt of the invoice. For payment claims between entrepreneurs, GALLERYDOCK can charge default interest of 9 percentage points above the respective base interest rate as well as a flat rate of 40.00 euros. Further claims remain reserved. (10) Offsetting by the customer is only permitted with claims that are undisputed, legally established or recognized by GALLERYDOCK. (11) If the customer uses the shop function, he can offer his end customers digital content, in particular images, videos or gallery downloads, for purchase. The seller and contractual partner of the end customer is exclusively the customer. GALLERYDOCK provides the technical platform for this and does not become a party to the purchase contract between the customer and the end customer. (12) The customer is responsible for his shop offers, prices, taxes, billing information, cancellation and consumer information, usage rights, image rights and other legally required information towards end customers. (13) Payment processing for shop sales is carried out via the integrated payment service provider Stripe Connect. To use the shop function, the customer may require a connected and active Stripe account. The terms and fees of the payment service provider also apply. (14) GALLERYDOCK charges a plan-dependent platform fee for successful shop sales. This is 15% in the Free plan, 10% in the Base plan and 5% in the Pro plan of the respective shop sales amount. Payment service provider fees, in particular Stripe fees, are additional and are borne by the customer or taken into account when paying out. (15) In the case of refunds, payment disruptions, chargebacks or chargebacks, payment service provider fees, platform fees or other costs that have already been incurred may be taken into account in accordance with the terms and conditions of the payment service provider and these Terms of Service. § 5a Sample orders from the customer (1) The “sample order at cost price” function is only available to registered customers who, when placing the order, are acting as entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) in the exercise of their commercial or self-employed professional activity. Orders for private purposes are excluded. (2) A sample order is the ordering of one or more print products by the customer from a gallery managed by the customer, in particular to check the material, format, print quality, image effect or presentation. (3) Deviating from Section 3 Paragraphs 6 and 7 and Section 5 Paragraphs 11 to 14, GALLERYDOCK is only the seller, invoice issuer and direct contractual partner of the customer for sample orders. The customer is a buyer. For normal sales by the customer to its end customers, the aforementioned regulations remain unchanged; GALLERYDOCK continues to not be a party to these sales. (4) The presentation of the sample products does not constitute a binding offer. By completing the ordering and payment process, the customer submits a binding offer. The contract is concluded by electronic order confirmation from GALLERYDOCK or by the start of execution, whichever occurs first. (5) The total price shown in the shopping cart and checkout includes the selected print products, the shipping and processing shown, including the calculated payment and invoice processing. Production will only be released after confirmed receipt of payment. (6) The print products are produced individually based on the image files, formats, variants and image sections selected by the customer. GALLERYDOCK may use suitable printing, fulfillment and shipping service providers for production, packaging and delivery. (7) There is no statutory consumer right of withdrawal for sample orders because they are placed exclusively by entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) for their commercial or independent professional activities. A voluntary right of withdrawal or cancellation is not granted unless GALLERYDOCK expressly confirms otherwise in individual cases. The customer's legal rights, particularly in the event of defects, remain unaffected. (8) The customer warrants that he has all rights to the images, motifs and other content used for production and delivery and to allow GALLERYDOCK and the service providers used to make the necessary technical use. (9) Sample orders do not constitute a sale to an end customer, a photographer's profit or a customer's right to payment. Billing takes place directly between GALLERYDOCK and the customer. § 6 Referral program and referral credit (1) GALLERYDOCK can provide customers with a voluntary referral program. Through this program, existing customers can recommend GALLERYDOCK to other entrepreneurs and receive referral credit in accordance with these Terms and Conditions and the program conditions displayed on the website or in the account. (2) “Referrer” is an existing GALLERYDOCK customer who has an active account and a personal referral link or referral code provided by GALLERYDOCK. A personal recommendation link can be provided in particular to customers with an active Base or Pro plan. There is no entitlement to the provision, permanent availability or specific design of a recommendation link. (3) “Recommended new customer” is a natural or legal person or a company, studio, agency or other economic entity who has not yet used a GALLERYDOCK account, has not already been a customer and is registering with GALLERYDOCK for the first time using a valid referral link or referral code. (4) A recommendation will only be taken into account if the recommended new customer is registered via the recommender's valid referral link or referral code, the technical assignment is carried out properly and the recommended new customer then takes out a qualified paid plan. A mere click, registration, use of a free plan, test access, non-binding interest or an unpaid order do not constitute a claim to a referral credit. (5) A referral credit is only created when the recommended new customer has successfully paid a qualified paid plan and the payment is not revoked, reversed, refunded, canceled or reversed for any other reason. GALLERYDOCK can only grant the credit after an internal review and after appropriate review, payment or chargeback periods have expired. (6) Unless the current program conditions provide otherwise, both the recommender and the recommended new customer will receive a GALLERYDOCK credit or an economically comparable usage advantage for GALLERYDOCK after the recommendation has been successfully qualified. The specific scope depends on the program conditions displayed in the account, on the website or in the ordering process and can depend in particular on the booked plan, billing model, price changes, discounts, vouchers, taxes and other invoice items. In the case of monthly billing, the credit should generally compensate for the next month of use of the respective qualified plan in whole or in part. With annual billing, the credit is generally determined proportionately based on a monthly comparison value of the respective annual plan and offset against future invoices. The credit is recorded as customer credit with the payment provider or in the account and offset against future invoices until it is used up. An invoice will only be completely reduced to 0 euros if the existing credit completely covers the invoice amount due. (7) Referral credits are intended exclusively for the use of GALLERYDOCK. Cash payment, transfer, interest, transfer to third parties, offsetting against claims outside of GALLERYDOCK, payment at the end of the contract or conversion into other monetary values ​​is excluded. (8) A maximum of one recommendation can be taken into account per recommended new customer. Multiple registrations, multiple referral codes, subsequent link changes or parallel referrals do not result in multiple credits. In principle, the first valid technical assignment that GALLERYDOCK can understand in the system is decisive. Manual correction or subsequent assignment is only voluntary and does not constitute a claim. (9) In particular, self-recommendations, recommendations within the same person, the same company, the same brand, the same studio, the same agency, the same household or the same economically related unit as well as recommendations to existing or former customers are excluded from the recommendation program. Also excluded are accounts with false, incomplete or misleading information, fake accounts, false identities and registrations that are primarily used to obtain credit. (10) The recommender may only recommend GALLERYDOCK in a lawful, factually accurate and non-misleading manner. In particular, spam, unsolicited mass advertising, aggressive advertising, misleading statements about prices, functions or benefits, the use of coupon, voucher, deal or cashback pages without the prior consent of GALLERYDOCK, automated registrations, manipulated links, cookie or tracking manipulation, artificial clicks, brand advertisements on GALLERYDOCK terms without prior consent and any other abusive or illegal use of the referral program are prohibited. (11) The recommender is responsible for ensuring that his advertising, recommendations, contributions, messages, advertisements, publications and other communication measures are lawful and do not violate the rights of third parties, competition law, data protection law, platform rules or other legal requirements. The recommender does not act on behalf of GALLERYDOCK and is not a representative, commercial agent, intermediary, employee, franchisee or other agent of GALLERYDOCK. (12) In the event of misuse, suspected misuse, violation of these Terms of Service, violation of program conditions, unclear authorization or technical irregularities, GALLERYDOCK is entitled to check recommendations, temporarily withhold credit, reject it, cancel it or set it off against outstanding claims, deactivate recommendation links, restrict or block accounts and terminate contracts extraordinarily to the extent permitted by law. (13) A technically recorded recommendation link, recommendation code or note in the account does not in itself constitute a claim to credit. A claim only arises if all the requirements of these Terms of Service and the current program conditions are met and there is no reason for exclusion or abuse. (14) GALLERYDOCK may change, pause or terminate the recommendation program, individual requirements, credit amounts, qualified plans, technical processes or program conditions with future effect, to the extent that this is reasonable for customers. Credits that have already been created lawfully and have not been obtained improperly remain unaffected by this, unless there are compelling objective reasons to the contrary. (15) GALLERYDOCK processes the account, plan, payment status, referral link, referral code and assignment data required for implementing and reviewing the referral program. Further information on the processing of personal data can be found in the Privacy Policy. § 7 Term, extension and termination (1) Free plans run for an indefinite period and can be terminated by both parties at any time, unless otherwise agreed. (2) Paid plans run for the selected billing period, in particular monthly or annually. (3) If the customer does not cancel in good time before the end of the respective billing period, the paid plan is automatically extended by the selected billing period. (4) Termination can take place via the termination function provided in the account or in text form, unless GALLERYDOCK provides another reasonable termination option. (5) The right to extraordinary termination for good cause remains unaffected. (6) An important reason exists for GALLERYDOCK in particular if the customer violates essential contractual obligations, uploads illegal content, violates the rights of third parties, fails to make payments despite reminders, misuses multiple accounts, circumvents account, plan, payment or function limits, circumvents security measures or uses the platform in a way that endangers GALLERYDOCK, other customers, end customers or third parties. § 8 Storage space, uploads, media and technical processing (1) The customer can upload and save content within the scope of the booked plan. (2) The customer is responsible for ensuring that the uploaded content is complete, correct, legal, technically suitable and free of malware. (3) GALLERYDOCK may impose technical restrictions, in particular file sizes, file formats, storage limits, upload limits, bandwidth limits, processing limits and download limits. (4) If the customer exceeds the storage, gallery, upload or function limits of his plan, GALLERYDOCK can restrict uploads, processing, publication, downloads or other functions until the customer expands his plan or deletes content. (5) GALLERYDOCK may technically process uploaded content to the extent this is necessary to provide the platform. This includes, in particular, storage, reproduction, compression, conversion, creation of preview images, web variants, thumbnails, video posters, metadata processing, delivery, access control, backup and technical optimization. (6) The customer has no right to storage in a specific data center, with a specific storage provider or with a specific technical infrastructure, provided that the legal requirements and contractual obligations are adhered to. (7) GALLERYDOCK is entitled to take technical measures to protect the platform and other users, in particular to reject uploads, block suspicious files, limit access, deactivate galleries or temporarily block content if there are security risks, legal violations or suspicion of misuse. § 9 Rights to content and rights of use (1) All rights to the content uploaded by the customer remain with the customer or the respective rights holders. (2) The customer grants GALLERYDOCK a simple, spatially unrestricted, non-exclusive and free-of-charge right of use of the content for the term of the contract, insofar as this is necessary for the technical provision, storage, processing, optimization, backup, display, public access to approved end customers, transmission and fulfillment of the platform functions. (3) The right of use includes in particular the right to store content, reproduce it, process it technically, compress it, convert it, create variants, create preview images, provide content via secure links or galleries and make content available to end customers within the framework of the settings selected by the customer. (4) GALLERYDOCK does not use the customer's content for its own advertising purposes, training purposes, resales or other purposes outside of the fulfillment of the contract, unless the customer has expressly agreed to this separately. (5) The customer warrants that he has all necessary rights, consents, licenses and permissions to upload, store, edit, make publicly accessible, share with end customers and make the content available for download via GALLERYDOCK. (6) The customer releases GALLERYDOCK from all third-party claims that arise from the fact that the customer's content, use, releases, galleries, downloads, texts, logos, brands, images, videos or other materials violate the rights of third parties or violate applicable law. The exemption also includes reasonable legal defense costs. § 10 Customer responsibility for content, end customers and galleries (1) The customer is solely responsible for all content, galleries, files, images, videos, texts, logos, customer data, releases, downloads, links, access codes, offers and other information that he himself or through third parties uploads, stores, processes, publishes, shares or makes available to end customers via his account. (2) GALLERYDOCK does not adopt the customer's content as its own. Customer content does not represent GALLERYDOCK's opinion, performance, statement or responsibility. (3) GALLERYDOCK generally does not check the customer's content in advance for legality, accuracy, completeness, quality, copyrights, rights of use, personal rights, data protection compliance, protection of minors, criminal liability, competition law or other legal requirements. (4) The customer is solely responsible for ensuring that his use of GALLERYDOCK and all content provided by him are lawful and do not violate the rights of third parties. (5) In particular, the customer is solely responsible for: a) the legality of the creation, editing, storage and publication of his images, videos and other media b) required consents of people depicted c) Copyrights, usage rights, personal rights, trademark rights and other intellectual property rights d) Data protection information for end customers and people depicted e) lawful distribution, sharing, publication and provision of galleries f) Password protection, visibility, download releases and link sharing g) own legal notices, Privacy Policy, general terms and conditions and other mandatory information h) its contracts, prices, invoices, taxes, deliveries, downloads and services to end customers i) compliance with all laws, professional rules and official requirements applicable to his activities (6) The customer is solely responsible for the gallery settings he or she chooses, in particular for visibility, password protection, access codes, download releases, release links, expiration dates, watermarks, customer access and other protective measures. (7) The customer is responsible for only passing on release links, passwords and access codes to authorized persons. GALLERYDOCK is not liable if end customers or third parties access, save, download, copy, forward, photograph or screenshot content due to missing, incorrect, weak or shared access data, unless GALLERYDOCK is not responsible for this. (8) The customer is solely responsible for all necessary rights, consents and releases in connection with its content. This includes in particular copyrights, rights of use, personal rights, model releases, consent of the people depicted, rights to music, sound, logos, brands, designs, works of art, locations, events, drone footage, vehicles, buildings, private properties and other protected content. (9) GALLERYDOCK is not obliged to check the customer's content for legality, third-party rights, consent, data protection, youth protection, criminal liability or other legal requirements before publication or storage. (10) The customer releases GALLERYDOCK from all third-party claims that arise from the customer uploading, storing, processing, publishing, sharing or making content available to end customers without sufficient rights, consent, licenses or legal basis. The exemption also includes reasonable legal defense costs. (11) The customer may not use GALLERYDOCK to store, process, publish, distribute or make accessible illegal, criminal, juvenile, discriminatory, violent, extremist, pornographic, abusive, insulting, defamatory, misleading, data protection or otherwise impermissible content. (12) The customer may not store or make accessible any content via GALLERYDOCK that was created without the necessary consent, violates the rights of the people depicted, violates the copyrights or usage rights of third parties, or violates data protection law, criminal law, youth protection law, competition law or other applicable law. (13) GALLERYDOCK is not obliged to generally monitor the customer's content or to actively investigate illegal circumstances, unless there is a legal obligation. (14) If GALLERYDOCK becomes aware of specific illegal content, legal violations, data protection violations, security risks or misuse, GALLERYDOCK is entitled to block, remove, restrict access or take other appropriate measures in whole or in part. (15) The customer releases GALLERYDOCK from all third-party claims that arise from content, galleries, releases, downloads, publications, end customer communication, data protection information, image rights, usage rights or other actions of the customer being illegal, violating the rights of third parties or violating these Terms of Service. The exemption also includes reasonable legal defense costs, in particular attorney's fees, court costs and procedural costs. (16) The exemption does not apply if GALLERYDOCK itself is responsible for the infringement. § 11 Data protection, order processing and end customer data (1) The customer generally remains responsible within the meaning of the GDPR with regard to the personal data of his end customers, depicted persons, clients, employees or other affected parties. (2) GALLERYDOCK generally processes personal data that the customer uploads or processes when using the platform as a processor within the meaning of Art. 28 GDPR, provided that GALLERYDOCK is not responsible for it. (3) The details of order processing are regulated in a separate Data Processing Agreement. The conclusion of an DPA is a prerequisite for the data protection-compliant use of GALLERYDOCK if the customer processes personal data via the platform. (4) The customer is obliged to properly inform its end customers and data subjects about the data processing and to fulfill all necessary legal bases, consents and information obligations. (5) The customer is in particular responsible for providing his own Privacy Policy, his own imprint and, if necessary, his own general terms and conditions or other legal information in his galleries, on his website or in other communication channels. (6) GALLERYDOCK may provide technical input fields or linking options for this purpose. The customer is solely responsible for ensuring that this information is legally correct, complete and up-to-date. (7) The customer releases GALLERYDOCK from third-party claims that arise from a violation of data protection obligations by the customer, unless GALLERYDOCK itself is responsible for this violation. § 12 Availability, maintenance and technical disruptions (1) GALLERYDOCK is an internet-based service. Use requires a functioning internet connection, suitable devices and current browsers. (2) GALLERYDOCK strives to ensure high availability of the platform. One hundred percent availability is not guaranteed. (3) Unless a different service level agreement has been agreed, GALLERYDOCK provides the platform with a target availability of 99.0 percent on a monthly average. Scheduled maintenance periods, updates, security measures, disruptions beyond GALLERYDOCK's control and force majeure events do not count as downtime. (4) GALLERYDOCK may carry out maintenance work, updates, security updates, infrastructure measures and technical changes. As far as is reasonable, significant planned restrictions will be announced in advance. (5) GALLERYDOCK is not liable for disruptions, failures or delays caused by third parties, Internet providers, hosting providers, payment service providers, domain providers, DNS providers, email providers, browsers, operating systems, end devices, cloud providers or other external services, unless GALLERYDOCK is not responsible for them. § 13 Backups, data loss, deletion and export (1) GALLERYDOCK is a software solution for creating, managing, presenting and providing media galleries. GALLERYDOCK is not an archiving, long-term preservation or sole backup solution for original files, images, videos, galleries or other customer content. (2) The customer remains responsible at all times for storing his own complete and current backup copies of his original files, images, videos, project data, customer data and other content outside of GALLERYDOCK. (3) Uploading files to GALLERYDOCK does not replace the customer's own data backup. Customer may not use GALLERYDOCK as the sole storage location for files that are business critical or not otherwise secured. (4) GALLERYDOCK can use technical security, backup, redundancy or restoration measures, but does not owe any permanent archiving, no complete backup and no ability to restore individual content, galleries, files, variants, preview images, end customer data or account data at any time, unless this has been expressly agreed upon separately. (5) GALLERYDOCK is only liable for the loss of data, files, images, videos, galleries or other content in accordance with the liability provisions of these Terms of Service and only to the extent to which the damage would have occurred even if the customer had backed up the data properly, regularly and appropriate to the risk. (6) The customer is obliged to independently back up or export all required data, files and content before deleting content, galleries or accounts and before the end of the contract. (7) After the end of the contract, plan termination, account deletion or justified blocking, GALLERYDOCK is entitled to delete content, galleries, uploads, variants, preview images, end customer data and other account data after a reasonable period of time, provided that there are no legal retention obligations, billing purposes or legitimate interests. (8) GALLERYDOCK is entitled to delete free accounts or accounts without an active paid plan if the customer has not logged in for more than 12 months and there is no active contractual, payment or retention obligation to the contrary. GALLERYDOCK will inform the customer by email before deletion within a reasonable period of time, usually at least 30 days. If the customer logs in again within this period or legitimately objects to deletion, deletion will not occur due to inactivity. (9) Recovery of deleted or lost data cannot be guaranteed. (10) GALLERYDOCK can provide the customer with export functions for account, gallery, media or meta data, depending on the technical possibilities. A claim to a specific export scope, a specific export format or a complete technical migration to a third-party provider only exists if this is mandatory by law or expressly agreed. § 14 Third-party services, payment service providers and infrastructure (1) GALLERYDOCK may use suitable external service providers to provide the platform, in particular hosting providers, cloud storage, databases, email services, payment service providers, analysis, monitoring, security and support services. (2) If these service providers process personal data on behalf of them, they will be involved as sub-processors within the framework of data protection requirements. (3) GALLERYDOCK is only liable for services, disruptions or conditions of external providers to the extent that GALLERYDOCK is responsible for them. (4) Payments can be processed via external payment service providers. Additional terms and conditions of the respective payment service provider may apply to the use of the payment services. (5) GALLERYDOCK is not responsible for the use of a specific hosting, storage, database, payment, email, analytics or infrastructure provider. GALLERYDOCK is entitled to change providers, infrastructure, storage locations, technical components or service providers, provided that the purpose of the contract, the legal requirements and the legitimate interests of the customer are adequately taken into account. § 15 Support and communication (1) The scope of support depends on the plan booked or an individual agreement. (2) Support can be provided via email, support area, chat, ticket system or other channels provided by GALLERYDOCK. (3) GALLERYDOCK does not owe a specific response time unless a separate agreement has been made. (4) The customer is obliged to submit support requests completely and truthfully and to provide all information necessary for error analysis. § 16 Obligations and cooperation of the customer (1) The customer is obliged to use GALLERYDOCK only lawfully, in accordance with the contract and in compliance with all applicable laws. (2) The customer may not take any measures that could affect the security, stability, integrity or availability of GALLERYDOCK. (3) The following are particularly prohibited: a) unauthorized access to third-party accounts, galleries or data b) Circumvention of technical protective measures c) automated mass access without consent d) Uploading malware e) Scraping, reverse engineering or abusive API use f) Use for spam, phishing or unlawful communication g) Resell, rent or sublicense from GALLERYDOCK without consent (4) The customer may only pass on access data to authorized employees, freelancers or vicarious agents if they work for the customer and have been obliged to maintain confidentiality. (5) The customer remains responsible for all actions that take place via his account, to the extent that he is responsible for them. § 17 Blocking and removal of content (1) GALLERYDOCK is entitled to block content, galleries, release links, downloads or accounts in whole or in part if there are concrete indications of legal violations, data protection violations, security risks, misuse, late payment or significant breaches of contract. (2) Blocking, removal or restriction can occur in particular if the customer's content potentially violates the rights of third parties, was published without the necessary consent, contains criminal or obviously illegal content, suggests data protection violations, causes security risks or could endanger GALLERYDOCK, other customers, end customers or third parties legally, technically or economically. (3) GALLERYDOCK will take the customer's interests appropriately into account and, as far as possible, limit blocking to the necessary extent. (4) In the event of serious violations, GALLERYDOCK can terminate the contract extraordinarily. (5) Claims for damages and other rights of GALLERYDOCK remain unaffected. § 18 Reporting of illegal content, DSA contact point and moderation measures (1) GALLERYDOCK provides an electronic contact point for reports of suspected illegal content, legal violations, data protection violations, security risks or other misuse. Contact point: support@gallerydock.com (2) Through this contact point, customers, end customers, data subjects, rights holders, authorities and other third parties can report specific content or uses that they consider to be illegal or that could violate the rights of third parties. (3) A report should, if possible, contain the following information: a) a description as precise as possible of the affected content or gallery b) the specific URL or other clear location c) the reason why the content is considered illegal or infringing d) Name and contact details of the reporting person or body e) a declaration that the information is correct and complete to the best of our knowledge (4) GALLERYDOCK checks incoming reports in accordance with the legal requirements and its own platform rules. GALLERYDOCK is entitled to take appropriate measures if there are concrete indications of illegal content, rights violations, data protection violations, security risks or misuse. (5) Appropriate measures can in particular be: a) temporary blocking of individual content b) Deactivation of individual galleries or sharing links c) Removal of Content d) Restriction of uploads, downloads or shares e) Blocking or termination of the account f) Request further information from the customer g) Disclosure of necessary information to responsible authorities, to the extent required or permitted by law (6) When making moderation, blocking and removal decisions, GALLERYDOCK takes into account the legal requirements, the rights of the customer, the rights of data subjects, the rights of third parties, the security of the platform and the interest in the lawful use of GALLERYDOCK. (7) GALLERYDOCK does not override the customer's general obligation to legally check their content, galleries and releases themselves. Checking or not checking by GALLERYDOCK does not constitute a legal release of the customer's content. (8) To the extent required by law, GALLERYDOCK will inform the affected customer about significant moderation, blocking or removal measures and the reason for the measure, provided this does not endanger legal obligations, official orders, security interests or rights of third parties. (9) GALLERYDOCK is not obliged to generally monitor content or to actively investigate circumstances that indicate illegal activity, unless there is a legal obligation. (10) Support@gallerydock.com can also be used for general support inquiries, provided GALLERYDOCK does not provide a separate support function. § 19 Beta functions and further development (1) GALLERYDOCK can provide individual functions as beta, test, preview or early access functions. (2) Such functions may be incomplete, contain errors, be changed or removed again. (3) There is no entitlement to permanent provision of beta functions. (4) The customer uses beta functions at his own risk, unless GALLERYDOCK is guilty of intent or gross negligence. § 20 Liability (1) GALLERYDOCK is liable without limitation for damages resulting from injury to life, body or health, for intent and gross negligence, for guarantees and in accordance with mandatory legal regulations. (2) In the case of simple negligence, GALLERYDOCK is only liable if essential contractual obligations are breached. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely. (3) In these cases, liability is limited to the foreseeable damage that is typical for the contract. (4) Liability for indirect damages, consequential damages, lost profits, missed orders, damage to reputation, loss of data, loss of production or other economic disadvantages is excluded to the extent permitted by law. (5) GALLERYDOCK is only liable for data loss if the damage would have occurred even if the customer had properly and regularly backed up the data. (6) GALLERYDOCK is not liable for the customer's content, legal violations caused by the customer's content, lack of consent, lack of image rights, incorrect gallery settings, unlawful publications, incorrect end customer information or the customer's business use of the platform. (7) The above limitations of liability also apply to legal representatives, employees, vicarious agents and service providers of GALLERYDOCK. § 21 Warranty (1) The statutory provisions apply to defects in the platform, unless otherwise stipulated in these Terms of Service. (2) The customer is obliged to report obvious defects, malfunctions or errors to GALLERYDOCK in text form immediately after discovery. (3) GALLERYDOCK is entitled to eliminate defects through improvements, workarounds, updates, replacements, configuration changes or other reasonable measures. (4) Defects do not include restrictions caused by improper use, unsuitable devices, outdated browsers, unstable internet connections, third-party providers, customer content, customer-side configurations or force majeure. § 22 Mention of references (1) GALLERYDOCK may use the customer's name, logo and publicly available information as a reference unless the customer objects to this in text form. (2) Any use of uploaded customer images, videos or galleries that are not publicly released for reference or advertising purposes will only take place with the customer's separate consent. § 23 Changes to these Terms of Service (1) GALLERYDOCK is entitled to change these Terms of Service if there is an objective reason for doing so, in particular in the event of changes to the legal situation, technical developments, new functions, security requirements, changes to the platform structure or economic conditions. (2) GALLERYDOCK will inform the customer about changes in text form at least four weeks before they come into force. (3) If the customer does not object to the changes by the time they come into force, the changes are deemed to have been accepted provided that GALLERYDOCK has expressly informed the customer of this consequence in the change notification. (4) If the customer objects in a timely manner, GALLERYDOCK can terminate the contract properly at the time the change comes into force, provided that continuation under the previous conditions is unreasonable for GALLERYDOCK. § 24 Confidentiality (1) Both parties undertake to keep the other party’s confidential information secret and only use it to carry out the contract. (2) Confidential information includes, in particular, business secrets, technical information, prices, contract content, access data, security information, non-public product information and other information that can be identified as confidential. (3) The confidentiality obligation continues to apply even after the end of the contract. (4) Excluded are information that is publicly known, was lawfully obtained from third parties, was already known or must be disclosed due to legal obligations. § 25 Final provisions (1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. (2) Place of performance is Hanover, to the extent permitted by law. (3) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hanover, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. (4) Should a provision of these Terms of Service be or become ineffective or unenforceable, the effectiveness of the remaining provisions remains unaffected. (5) Changes and additions to individual agreements must at least be in text form, unless a stricter form is required by law. (6) The contract language is German. If translations are provided, in case of doubt the German version is authoritative. As of: August 2, 2026