Terms and Conditions (CCVA)
These Terms and Conditions govern the relationship between:
Itsreal.media GmbH
Julius-Hatry-Straße 1, 68163 Mannheim, Germany
Email: contact@itsreal.media
(hereinafter referred to as "Provider")
and the respective customer (hereinafter referred to as "Customer").
§ 1 Subject Matter
The contract concerns the paid and time-limited provision of a web-based software solution ("CCVA") for automated analysis of digital image content, provided as a Software-as-a-Service (SaaS), along with associated IT services.
§ 2 Provider Services
- Provision of access to the latest version of CCVA.
- Browser-based usage without local installation.
- Automated image analysis and categorization.
- Provision of server storage space for uploaded data.
- Availability of an API for external integrations.
- Disclaimer: Detection accuracy over 97% based on internal tests; results are not legally binding.
§ 3 Scope of Use and Rights
- Non-exclusive, non-transferable right to use CCVA during the term.
- Prohibition of reverse engineering or model extraction.
- Prohibition of high-risk use as defined by AI regulations.
- Obligation to upload only lawful content.
- API usage restricted to legally authorized websites.
- Usage rights limited to authorized personnel or processors.
§ 4 Contract Conclusion and Fees
The contract is concluded via registration and acceptance of terms. Payment depends on selected tariff models (subscription or pay-per-use). Adjustments to fees are communicated four weeks in advance. Prices are net plus applicable VAT.
§ 5 Customer Obligations
Customers must ensure a stable Internet connection, protect login credentials, and upload only legally compliant content.
§ 6 Contact Point
Provider maintains a dedicated contact point for reporting potential legal violations: contact@itsreal.media.
§ 7 Warranty
Warranty rights follow German civil law. Defects must significantly impair contractual use and must be reported promptly.
§ 8 Liability
- Unlimited liability for intent, gross negligence, and personal injury.
- Limited liability for minor negligence to foreseeable, typical damages.
- No liability for consequential damages or lost profits unless required by law.
- Indemnification provisions regarding third-party claims.
§ 9 Term and Termination
The contract is initially concluded for a fixed term and renews automatically unless terminated with one month's notice. Upon termination, the right to use CCVA ceases, and the Provider may delete customer data after 30 days.
§ 10 Data Protection and Confidentiality
Parties comply with GDPR and applicable data protection laws. Confidential information must be protected unless disclosure is legally mandated.
§ 11 Final Provisions
- Severability clause for invalid provisions.
- Amendments require written form.
- Assignment of rights requires Provider consent.
- Governing law: German law; place of jurisdiction: Mannheim.