General Terms and Conditions "25pix"

 

These General Terms and Conditions ("GTC") apply to all agreements between the customer ("Customer") and 25pix - Christine Kipke - ("25pix") concerning the provision and use of existing 25pix explanatory videos ("25pix Videos"). Any general terms and conditions of the customer that deviate from these GTC are hereby rejected. These GTC, together with any separate supplementary agreements signed by both parties, form an integral part of the contract.

 

1. Conclusion of contract / contractual partners

The customer informs 25pix that specific 25pix explanatory videos are to be licensed and provided for use for internal training purposes. 25pix then sends the customer a written offer to conclude a contract. Upon receipt of the offer countersigned by the customer at 25pix (by mail or email), the customer declares their acceptance of the offer. 25pix concludes these contracts for use exclusively with entrepreneurs within the meaning of § 14 BGB (German Civil Code). By accepting these General Terms and Conditions, the customer assures that they are acting as an entrepreneur when concluding the contract, i.e., in the exercise of their commercial or self-employed professional activity.

 

2. Granting of rights of use by 25pix

2.1 25pix grants the customer a simple, time-limited right of use to the video clip(s) provided for the duration agreed in the contract or order from the time the download link is sent.

2.2 Use is limited to internal company use by the customer. The customer only has the right to make the video available in their own name and only within the company, so that it can only be viewed (but not downloaded) by their own employees at times and locations of their choice.

2.3 If the customer is a group of companies, the customer also acquires group-wide rights of use.

2.4 In the event that the customer and the user are not identical, 25pix hereby agrees that the customer shall transfer the rights of use for the video clip to the user in accordance with the provisions applicable under this clause (2.), if this was already known to 25pix at the time the contract was concluded. However, consent to the transfer of rights to the user is subject to the proviso that in this case no rights of use remain with the customer. The actual user is also not entitled to any further rights to transfer the rights of use to third parties.

2.5 Furthermore, the customer has the right to show the video in their own name on screens of all kinds and/or through projections within the company, i.e., solely to their own employees (e.g., in the context of events and training courses).

2.6 The customer is not granted any rights to edit or modify the video clips (either by the customer themselves or by third parties).

2.7 The granting of the simple right of use is subject to the condition that the full, agreed remuneration is received by 25pix in due time. If 25pix provides the customer with the download link before full payment has been received on time (see section 3), use of the video will be tolerated on a revocable basis until full payment has been received on time. If, contrary to expectations, the invoice to be issued by 25pix is not paid by the customer by the deadline (see section 3), the use of the material provided that has already taken place up to that point or that has continued despite the outstanding invoice constitutes a copyright infringement.

2.8 All rights to the 25pix videos remain with 25pix. 25pix is entitled to grant corresponding rights of use to any number of other customers.

2.9 After the end of the period of use, the customer is obliged to deactivate access to the videos and irrevocably delete the files provided. This also applies to

any copies of the video files that may have been made, even if these have been integrated into other materials or environments, such as PowerPoint presentations or e-learning systems

. If, despite the obligation to delete, unauthorized use continues beyond the duration of the usage rights granted, the annual license fee resulting from the contract offer shall be payable for each year or part thereof. 25pix reserves the right to claim any additional damages beyond this.

3. Remuneration

The customer shall pay the contractually agreed remuneration within 5 working days of receipt of the invoice issued by 25pix. The contractually agreed license fee shall be invoiced separately by 25pix at the beginning of each current licensing period. It shall be paid by the customer within 5 working days of receipt of the invoice.

4. Liability

4.1 25pix endeavors to ensure that the content of the materials provided is accurate. However, as errors and ambiguities can never be completely ruled out, 25pix does not guarantee the accuracy and completeness of the video material provided. The customer bears sole responsibility for the use of the video clip(s).

4.2 25pix shall not be liable if any expectations associated with the use of the video clip(s) by the customer (e.g., regarding their training effect) are not met.

4.3 However, 25pix shall be fully liable for all damages caused by 25pix and its vicarious agents through intent or gross negligence. Otherwise, 25pix's liability is excluded.

4.4 Notwithstanding clause 4.3 sentence 2, 25pix shall be liable without limitation for damages resulting from injury to life, limb, or health based on an intentional or negligent breach of duty or an intentional or negligent breach of duty by a legal representative or vicarious agent of 25pix. Furthermore, notwithstanding clause 4.3 sentence 2, 25pix shall be liable for claims arising from the breach of such essential contractual obligations, without the observance of which the purpose of the contract could not be achieved and on the observance of which the customer may regularly rely (cardinal obligations). In the event of a breach of such "cardinal obligations," any claims for damages shall be limited to typical and foreseeable damages. 25pix shall also be liable for claims under the Product Liability Act.

5. Confidentiality

During and after termination of this contract, 25pix and the customer are obliged to maintain confidentiality regarding all information, data, and documents obtained from the other contracting party during the execution of this contract concerning the circumstances, operational processes, and technical facilities of the other contracting party, insofar as these are recognizable as business or trade secrets. Neither party may reproduce or publish such information and documents without the prior written consent of the other party, or otherwise disclose them to third parties or use or exploit them in any other way for purposes outside the scope of this contract. The above confidentiality obligation shall not apply if the other party can prove that the confidential information, data, or documents were already known, or if disclosure is ordered by a court or public authority or is required by law. In all such cases, the respective party shall inform the other party prior to disclosure.

6. Final provisions

6.1 This contract and all its components are governed exclusively by German law, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods.

6.2 The place of jurisdiction for all disputes arising directly or indirectly from this contract is, to the extent permissible, Berlin (Germany).

6.3 There are no verbal side agreements or supplements. Side agreements must be in writing to be valid and must be signed by both contracting parties to be legally valid.

6.4 Should any provisions of this contract be invalid, the contracting parties shall immediately replace the invalid provision with a valid provision that comes closest to the

economic purpose of the invalid provision. This principle shall apply mutatis mutandis to any contractual loophole.

 

Berlin, November 2025

25pix – Christine Kipke