(1) PHONT GmbH (hereinafter referred to as "PHONT") distributes a software as a service application (hereinafter referred to as "PHONT Software") via its platform (hereinafter referred to as "Platform"), which provides customers with access to PHONT's AI-supported video analysis software. This analyses videos using several AI models under various aspects, provides a derived proposal for the design of the subtitles and offers the customer the opportunity to make adjustments. As the PHONT software is AI-supported software, the analysis of the videos should only be seen as support. The result of the software must always be checked and, if necessary, adapted by the customer. PHONT's aim with the PHONT Software is to offer non-discriminatory software, but this cannot always be guaranteed due to the use of AI. In any case, the customer is obliged to check the results of the software himself.

(2) These General Terms and Conditions (hereinafter referred to as "GTC") apply to both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. In particular, these GTC shall apply to all contracts concluded by a customer for the use of the Software as a Service provided by PHONT.

(3) These GTC shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that PHONT has expressly agreed to their validity.

(4) The Platform contains data and information of all kinds that are protected by trademark and/or copyright law in favour of PHONT or, in individual cases, in favour of third parties. It is therefore not permitted to download, reproduce and/or distribute the Platform as a whole or individual parts thereof. In particular, technical reproduction for the purpose of browsing is permitted, provided that this action does not serve any commercial purposes, as well as permanent reproduction for personal use.

(1) The subject matter of the contract is the granting of non-transferable, non-sublicensable, simple licences for the current PHONT software with the rights of use set out in Section 8 of these GTC, limited to the term of the contract. A separate licence is required per user.

(2) The use of PHONT's services is possible via different platforms. If a contract is to be concluded via the PHONT platform, the customer must first register on the platform. With regard to the use of PHONT's offers via other platforms, reference is also made to the respective Platform T&Cs.

(3) After registration on the PHONT platform, the customer can choose between different subscription models for the PHONT software. The exact content of the respective subscription can be found in the current service description on the platform at ____________________________. After selecting the appropriate offer, the customer is guided through the check-out process until payment. After entering all required data, the customer can check all entries one last time. By clicking on the "Subscribe now for a fee" button, the customer accepts PHONT's binding offer and the contract between the parties is concluded.

(4) Immediately after sending the order, the customer will receive another confirmation of the contract by e-mail.

(5) As long as no subscription has been concluded, the customer may cancel his account at any time. If the customer has a current subscription, he must first cancel it before he can delete his account after the contract has ended.

(1) The language available for the conclusion of the contract is German.

(2) PHONT shall save the text of the contract and send the order data and GTC to the customer by e-mail.

(1) The prices for PHONT Software are based on PHONT's current offer at ___________________. All prices are quoted in euros and include the applicable statutory VAT.

(2) Payment for the service may be made in accordance with the payment methods proposed in the order process and under the conditions specified therein. PHONT reserves the right to exclude certain payment methods depending on the result of the verification of the Customer's data (identity and credit check).

The following payment methods are generally available to the customer:

Credit card

When placing the order, the customer provides his/her credit card details. After legitimisation as the legitimate cardholder, the payment transaction is carried out automatically and the card is debited.

PayPal, PayPal Express

During the ordering process, the customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the Customer must be registered there or register first, legitimise himself with the access data and confirm the payment instruction to PHONT. The payment transaction will be carried out automatically by PayPal immediately afterwards. The customer will receive further instructions during the order process.

SEPA direct debit

Payment processing by SEPA direct debit is carried out via the payment service provider Stripe. In this case, Stripe collects the invoice amount after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information announcing a debit by SEPA direct debit has expired.

Sofort (Klarna)

Payment by Sofort is made directly after the checkout. You will be redirected to the website of the online provider "Klarna". There you can enter your payment details and confirm the payment instruction via Klarna. After successful payment, we will receive a confirmation from the payment provider "Klarna" and thereby accept your order. Please note that a payment confirmation from Klarna may take up to three days. This is beyond our control and we cannot influence this. Only after confirmation by Klarna can we process your order and initiate dispatch. Your order will remain reserved until then.

Apple Pay

Payment via Apple Pay is made directly in the shopping basket. You will be redirected to the website of the online provider "Apple". This requires an Apple user account. There you can select your payment details and confirm the payment instruction via Apple. After successful payment, we will receive a confirmation from the payment provider "Apple" and thereby accept your order.

(3) The customer shall be entitled to assert rights of retention against PHONT's payment claim to which it is entitled pursuant to Section 320 BGB or which otherwise result from the same contractual relationship. The customer shall have no other rights of retention.

(4) The customer shall be entitled to offset an undisputed or legally established claim against PHONT's claim for payment. Furthermore, the customer shall be entitled to set off a claim resulting from the fact that PHONT has not or not properly fulfilled its obligations, if these obligations are in a relationship of performance and counter-performance with the customer's payment claim against which the set-off is to be made. In addition, offsetting is excluded.

(1) If agreed in the contract, PHONT shall provide the PHONT Software in the respective current version for use in accordance with the following provisions from the agreed date on a central data processing system or several data processing systems (hereinafter also referred to as "Server") rented by PHONT from a third party and operated by PHONT.

(2) PHONT owes an availability of the Platform of 99% on an annual average of one calendar year. This does not include downtimes for which PHONT is not responsible due to necessary maintenance work, force majeure, technical disruptions of the Internet or other reasons for which PHONT is not responsible.

(3) PHONT warrants that the PHONT Software is suitable for the purposes set out in the product description of the contract, in particular that it is free from viruses and similar malware which would render the PHONT Software unsuitable for the contractual use.

(4) If and to the extent that the provision of a new version or a change in the functionalities of the PHONT Software is accompanied by significant and not merely temporary restrictions in the usability of previously generated data, PHONT shall notify the customer of this in writing at least six weeks before such a change takes effect. If the customer does not object to the change in writing within a period of two weeks from receipt of the notification of change, the change shall become part of the contract. Whenever changes are announced, PHONT shall draw the customer's attention to the aforementioned deadline and the legal consequences of its expiry if the option to object is not exercised.

(5) The transfer point for the PHONT software is the router output of the server.

(6) Agreements on system requirements on the part of the customer shall be made by contract. For changes to PHONT's technical system, the objection solution of paragraph 4 shall apply accordingly. PHONT shall not be responsible for the quality of the required hardware and software on the customer's side or for the telecommunications connection between the customer and PHONT up to the transfer point.

(1) PHONT shall provide the customer with a defined storage space on a server for the storage of its data. The customer may store content on this server that is necessary or useful for the use of the PHONT software (hereinafter: "Application Data").

(2) PHONT shall ensure that the stored Application Data can be accessed via the Internet.

(3) The customer is not authorised to transfer this storage space to a third party for use, in part or in full, for a fee or free of charge.

(4) The customer undertakes not to store any content on the storage space whose provision, publication or use violates applicable law or agreements with third parties.

(5) PHONT is obliged to take suitable precautions against data loss and to prevent unauthorised access by third parties to the customer's application data. To this end, PHONT shall perform daily backups, check the customer's data for viruses and install state-of-the-art firewalls.

(1) If PHONT does not fully fulfil its contractually agreed main service obligations, the following provisions shall apply.

(2) If PHONT is in default with the initial operational provision of the PHONT Software, liability shall be governed by § 12. The customer shall be entitled to withdraw from the contract if PHONT does not comply with a two-week, two-month grace period set by the customer, i.e. does not provide the full agreed functionality of the PHONT Software within the grace period.

(3) If the customer has not notified PHONT of a possible service failure, the customer must prove that PHONT has gained knowledge of it in some other way.

(1) The customer shall receive simple (non-sublicensable and non-transferable) rights of use to the PHONT Software for the contractually agreed number of users and the contractually agreed functionalities in accordance with the following provisions, limited in time to the term of the contract.

(2) The customer may only use the PHONT Software for the contractually agreed purposes.

(3) The customer is not authorised to make changes to the PHONT Software. This does not apply to changes that are necessary to correct errors if PHONT is in default with the correction of the error, refuses to correct the error or is unable to correct the error due to the opening of insolvency proceedings.

(4) If PHONT makes new versions, updates, upgrades or other new deliveries with regard to the PHONT Software during the term, the above rights shall also apply to these.

(5) The customer shall not be entitled to any rights not expressly granted to the customer above. In particular, the customer is not authorised to use the PHONT Software beyond the agreed use or to have it used by third parties or to make the PHONT Software accessible to third parties without the prior consent of PHONT. In particular, it is not permitted to reproduce, sell or transfer the PHONT Software for a limited period of time, especially not to rent or lend it.

(1) PHONT offers customers the opportunity to use AI-supported analysis, design and rendering software via its platform. Access to the platform is user-dependent. Access may not be shared with other persons. For use with multiple persons, the customer may purchase licences for multiple users for the subscription selected by the customer.

(2) PHONT grants the customer a non-exclusive, irrevocable, non-transferable and non-sublicensable right to use the Platform for the duration of the contract, limited in terms of territory and subject matter to the purpose of the contract. The scope of the rights of use is set out in the platform and offer description. The rights of use are only granted for the specified number of users acquired by the customer and within the scope of the purpose of the contract. Any transfer to third parties, rent, lease, leasing, software as a service is excluded.

(1) The customer may only use PHONT's services for the contractually agreed purposes.

(2) The customer undertakes to provide true and complete information when registering and to keep this information up to date during the term of the contract by adjusting it or notifying PHONT.

(3) The customer is obliged to keep his access data secret and not to pass it on to third parties. The transfer of the possibility of using the registration and/or a chargeable usage package to third parties is prohibited.

(4) The customer is obliged to provide hardware and software as well as a broadband internet connection for the use of PHONT's services at his own expense. In particular, an up-to-date browser/client must be used. Outdated versions of the browser/client may result in display errors.

(5) Customers shall not publish any inappropriate, offensive, racist, inflammatory, sexist, homophobic, transphobic, abusive, pornographic, false, misleading, erroneous, infringing, defamatory or slanderous texts, content, images or other such information (hereinafter referred to as "Inappropriate Content") and shall not incite such behaviour.

(6) In the event of the publication of Inappropriate Content within the meaning of the aforementioned paragraph 5, PHONT shall be obliged to immediately delete such content and to temporarily, and in cases of recurrence and/or serious cases also permanently, block and delete the customer account of the customer concerned.

(7) Customers of the Platform are obliged in particular to

Protect the usage and access authorisations assigned to them as well as identification and authentication safeguards against access by third parties and not pass them on to unauthorised participants;
Ensure that all industrial property rights and copyrights are observed (e.g. when transferring third-party texts and data to PHONT servers);
Do not use or allow the platform to be used improperly, in particular do not transmit any information offers with illegal or immoral content or refer to such information that serves to incite hatred, incite criminal offences or glorify or trivialise violence, are sexually offensive or pornographic, are likely to seriously endanger the morals of children or young people or impair their well-being or may damage the reputation of PHONT;
Refrain from attempting to retrieve information or data without authorisation, either themselves or through unauthorised third parties, or to interfere with programmes operated by PHONT or to have them interfered with, or to penetrate PHONT's data networks without authorisation;
Not to misuse the possible exchange of electronic messages for the unsolicited sending of messages or information to third parties for advertising purposes (spamming);
Indemnify PHONT against all claims of third parties which are based on an unlawful use of the Platform by PHONT or which are made with PHONT's approval or which arise in particular from data protection, copyright or other legal disputes associated with the use of the Platform;
Check data and information for viruses before sending them and use state-of-the-art virus protection programmes;

(1) The customer assures to hold all rights (in particular copyrights, rights to images of persons, etc.) to the content published on the platform.

(2) The Customer warrants that the content is free from third-party rights and undertakes to keep it free from third-party rights. The customer shall immediately indemnify PHONT against any claims asserted by third parties in return for the assignment of any claims PHONT may have against such third parties arising from the circumstances alleged by the third parties.

(3) PHONT is obliged to use the documents and files to which it has access only within the scope expressly permitted here or permitted by mandatory statutory provisions even without the customer's consent and not to promote unauthorised use by third parties. This shall continue to apply after termination of the contracts.

(1) PHONT warrants a general availability of the Platform of 99% at the Internet node closest to the PHONT servers in the annual average of a calendar year. This does not include outages for which PHONT is not responsible due to necessary maintenance work, force majeure, technical malfunctions of the Internet or other reasons for which PHONT is not responsible.

(2) The customer shall immediately notify PHONT in writing of any defects that have occurred.

(3) PHONT does not undertake to back up data for customers and does not provide any contractual assurances, guarantees or warranties over and above the statutory provisions, unless otherwise agreed in individual cases.

(4) PHONT, its legal representatives and vicarious agents shall be liable without limitation for damages caused by them in the event of intent or gross negligence. Liability shall not extend to damage caused by improper or incorrect use by the customer.

(5) In the event of slight negligence, PHONT shall be liable without limitation in the event of injury to life, limb or health.

(6) Otherwise, PHONT shall only be liable if it has breached a material contractual obligation. Material contractual obligations are those obligations which are of particular importance for the achievement of the contractual objective, as well as all those obligations which, in the event of a culpable breach, could jeopardise the achievement of the purpose of the contract. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.

(7) In the event of a defect of title due to the infringement of third party rights, PHONT shall only be liable if these rights exist in the Federal Republic of Germany, the customer uses the PHONT software in accordance with the contract and to this extent is legitimately claimed against by the third party and the customer has informed PHONT immediately in writing of the claims asserted by the third party.

(8) PHONT assumes no warranty or liability for the accuracy or non-discriminatory processing of the analysis results generated by the AI. The customer is obliged to check these independently.

(1) PHONT shall immediately inform the customer of any rights of third parties or their assertion and of any resulting impairment of the provision of agreed services and shall provide the customer with full access to the application data in a suitable manner.

(2) The customer shall not be obliged to pay compensation if and to the extent that the rights of third parties impair its use of the PHONT Software.

(3) PHONT shall not be liable for any infringement of third party rights by the customer if and to the extent that such infringement results from exceeding the rights of use granted under this contract. In this case, the customer shall indemnify PHONT against all third-party claims upon first request.

(1) The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.

(2) PHONT is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

Cancellation Policy:

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.

To exercise your right of cancellation, you must inform PHONT GmbH, c/o Unibator, Raum 504, Bockenheimer Landstraße 133, 60325 Frankfurt am Main, Germany, e-mail: hello@phont.ai of your decision to cancel this contract by means of a clear statement (e.g., a letter sent by post, fax, or e-mail). You may use the attached sample cancellation form for this purpose, but its use is not mandatory.

If you send the sample cancellation form or another clear declaration electronically, we will send you confirmation of receipt of your cancellation without delay (e.g., by e-mail). To comply with the cancellation period, it is sufficient that you send the notification of your intention to exercise the right of cancellation before the expiry of the cancellation period.

Consequences of Cancellation:

If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (except for any supplementary costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us). Reimbursement shall be made without undue delay and no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this refund.

Expiry of the Right of Cancellation:

Digital Services (SaaS): Your right of cancellation expires once we have fully provided the service, provided that you expressly agreed that we would begin delivering the service before the cancellation period expired, and you confirmed your awareness that you would lose your right of cancellation once the service had been fully provided (Section 356 (4) BGB).
Digital Content Not Delivered on a Physical Data Carrier: Your right of cancellation also expires if we have begun performance before the end of the cancellation period, provided that you expressly consented to us commencing performance before expiry of the cancellation period and confirmed your awareness that you lose your right of cancellation upon commencement of performance (Section 356 (5) BGB).

Sample Cancellation Form: (If you wish to cancel the contract, you can complete and return this form)

To PHONT GmbH, c/o Unibator, Bockenheimer Landstraße 133, 60325 Frankfurt am Main, Germany, e-mail: hello@phont.ai

I/we (*) hereby cancel the contract concluded by me/us (*) for the use of the PHONT software
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Date
(*) Delete as applicable

End of the cancellation policy

(1) PHONT shall comply with the applicable data protection regulations valid in Germany and shall oblige its employees deployed in connection with the contract and its fulfilment to maintain data secrecy, unless they are already generally obliged to do so.

(2) The customer shall remain the controller within the meaning of data protection law. If the customer collects, processes or uses personal data, it warrants that it is authorised to do so in accordance with the applicable provisions, in particular those of data protection law, and shall indemnify PHONT against claims by third parties in the event of a breach.

(3) PHONT will only collect and use the Customer's personal data to the extent required for the fulfilment of this contract. The customer consents to the collection and use of such data to this extent.

(4) PHONT is authorised to pass on the necessary data to third parties if it commissions them to carry out work in relation to the customer order.

(5) In all other respects, reference is made to PHONT's privacy policy.

(1) The term of the contract and the cancellation period shall depend on the specific individual order.

(2) The customer may cancel their current subscription via the subscription portal in their account at any time with one day's notice to the end of the current billing period. If this is not done, the contract is automatically extended by the originally agreed contract term.

(3) Either party may terminate the contract for good cause. Good cause shall be deemed to exist for PHONT in particular if the customer

in the case of contracts in which a minimum term has been agreed or which have been concluded for a fixed term, is in arrears with the payment of fees in an amount equal to one monthly fee,
is more than 20 calendar days in arrears with the payment of fees in the case of contracts concluded for an indefinite period,
culpably breaches the obligations of the contract or these GTC,
clearly violates the law by using the respective service, or
fails to change its use of the service to meet the requirements set out in the GTC within a reasonable period of time despite a warning.

In such cases, all rights of the customer to the service shall lapse.

(4) In the event of extraordinary termination due to default of payment, PHONT may additionally demand liquidated damages due immediately in one lump sum in the amount of one quarter of the basic monthly fee remaining until the end of the regular contract term. The customer reserves the right to provide evidence of lower damages.

(5) Upon termination of the contractual relationship, PHONT shall deactivate the customer's account on the Platform and delete the data.

(6) Any use of the PHONT Software after termination of the contractual relationship is prohibited.

(1) Information to be treated as confidential is information expressly designated as confidential by the contracting party providing the information and such information whose confidentiality is clearly evident from the circumstances of the transfer. This includes in particular the prices and quotation data offered by PHONT to the customer. These may not be published. No information to be treated confidentially exists if the contractual partner receiving the information proves that it

was known or generally accessible to him before the date of receipt;
was known or generally accessible to the public before the date of receipt;
became known or generally accessible to the public after the date of receipt without the contracting party receiving the information being responsible for this.

(2) The contracting parties shall maintain secrecy about all confidential information that has come to their knowledge in the context of this contractual relationship and shall only use it with the prior written consent of the other contracting party vis-à-vis third parties - for whatever purpose.

(3) The obligations pursuant to para. 2 shall continue to exist beyond the end of the contract for an indefinite period of time, as long as an exceptional circumstance pursuant to para. 1 is not proven.

(1) Neither of the contracting parties shall be obliged to fulfil the contractual obligations in the event of and for the duration of force majeure. In particular, the following circumstances are to be regarded as force majeure in this sense:

Fire/explosion/flooding for which the contractual partner is not responsible;
war, mutiny, blockade, embargo, pandemic;
industrial action lasting more than 6 weeks and not culpably brought about by the contractual partner.

(2) Each contracting party must inform the other immediately in text form of the occurrence of a case of force majeure.

(1) German law shall apply exclusively, to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) In the event that individual provisions of these General Terms and Conditions are invalid, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision.

(3) The conclusion of the contract and subsequent amendments and additions to the contract must be made in writing in order to be valid. This also applies to the amendment of this clause. Verbal collateral agreements have not been made.

(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of PHONT GmbH.