Terms and Conditions

General Terms and Conditions (AGB) for the "United Creatives" Platform

Translation of the German original — Stand: 1. Juli 2026 · Version 1.0 (B2B-only)

Non-binding convenience translation. Only the German version („Allgemeine Geschäftsbedingungen (AGB) für die Plattform "United Creatives"“) is legally binding; in the event of discrepancies, the German version prevails.

§ 1 Scope and target group

1. The provider is United Creatives UG (haftungsbeschränkt) ("Provider"):
   • Address: Flughafenallee 28, 28199 Bremen, Germany
   • Represented by: Thorben Schmidt
   • Register court: Amtsgericht Bremen (Local Court of Bremen), HRB 42520
   • VAT ID: DE461490250
   • Email: info@unitedcreatives.art
2. These General Terms and Conditions ("Terms") apply to the use of the "United Creatives" platform provided by the Provider ("Platform") by users acting in a commercial or self-employed professional capacity ("User").
3. The Platform is aimed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB are excluded from use.
4. Upon registration, the User confirms by means of a separate mandatory confirmation that they use the Platform exclusively as an entrepreneur or for a business.
5. Deviating, conflicting or supplementary terms of the User become part of the contract only if the Provider expressly agrees to their application in text form.
6. These Terms apply to the Platform. Separate terms apply to marketplace functions and individually agreed services, insofar as these are agreed or indicated in the respective booking or usage process.

§ 2 Definitions

1. Platform is the SaaS application "United Creatives".
2. Search run is a single technical operation to determine public web locations for an image.
3. Monitoring is the automatic or recurring triggering of search runs for an image that can be activated by the User.
4. Licence tool is the area for documenting and managing licence agreements, including the customer and contact data required for this purpose.
5. Platform plan is the basic package of the Platform booked by the User, in particular Basic, Pro, Business or an individually agreed Enterprise plan. The platform plan comprises the service limits and plan conditions included in the plan, but not additionally booked add-ons or individually agreed additional services.
6. Net subscription price is the net price of the booked platform plan owed for the respective billing period, excluding VAT, add-ons and separate additional services.
7. Subscription is the ongoing contract for a paid platform plan with a running billing period.
8. Add-on is an additional service that can be booked in addition to the platform plan, is billed on a recurring basis and increases certain Platform capacities.
9. Quota denotes, depending on the type of service, a monthly search quota or a capacity for images or licence records.

§ 3 Subject matter of the contract

1. The Provider makes a web-based platform available to the User. The Platform supports in particular:
   • the management of the User's own images,
   • the performance and evaluation of search runs, including activatable monitoring of public web locations,
   • the documentation and management of licence agreements, including the customer and contact data required for this purpose,
   • account and subscription management.
2. The exact scope of services follows from the booked platform plan, the additionally booked add-ons, the service description applicable from time to time and the information displayed in the booking process.

§ 4 Registration, entrepreneur status and account

1. Registration is required to use the Platform. Optionally offered third-party logins may be subject to the terms and privacy notices of the respective third-party provider.
2. The User must provide accurate and complete information upon registration and protect their access credentials against unauthorised access.
3. Upon registration, the User mandatorily confirms that they are an entrepreneur and do not use the Platform as a consumer. This confirmation is a prerequisite for the user account and is documented with date, time and version of the Terms.
4. The User is obliged to update changes to their data that are material to the performance of the contract without undue delay.
5. The Provider may block or restrict accounts if there are specific indications of abusive use, false entrepreneur information, security risks or significant breaches of contract.

§ 5 Trial period

1. The Provider offers a free trial period for the Basic platform plan. The trial period is one month.
2. The trial period can be started without providing a payment method. In this case, the trial period ends automatically upon expiry of the trial month. Without a subsequent booking of a paid subscription, only restricted account access remains thereafter, in particular for login, profile, legal documents, support contact and the conclusion of a subscription. Paid Platform functions are then no longer available.
3. The User may voluntarily provide a payment method during the trial period. If the trial period is not ended before it expires, it converts in this case into a paid Basic subscription upon expiry of the trial month and the stored payment method is charged. Amount, charge date and the option to end the trial are displayed beforehand.
4. The Provider informs the User at the beginning of the trial period and in good time before its expiry, as a rule seven and three days before the end of the trial period, about the status of the trial period and the consequences of its expiry. These notices are given both for trial periods with and without a stored payment method and contain the respectively appropriate course of action.
5. Add-ons are not available during the free trial period. The User may end the trial period early by booking a paid subscription; add-ons can be booked from the time the paid booking takes effect.
6. The Provider may change, restrict or discontinue the availability of the trial period for future registrations to the extent legally permissible.

§ 6 Plans, quotas and add-ons

1. The available platform plans and quotas follow from the Annex "Plans and Quotas" and from the booking process.
2. The Platform distinguishes in particular the following types of quota:
   • Search quota: number of search runs per month. The search quota is provided anew each month. Unused search runs expire at the end of the respective month.
   • Image capacity: number of images that can be actively managed within the Platform at the same time. The image capacity is a storage capacity and is not reset monthly.
   • Licence capacity: number of licence agreement records that can be managed in the licence tool at the same time. The licence capacity is a management capacity and is not reset monthly.
3. An uploaded image counts towards the image capacity. A search run triggered manually or by activated monitoring counts towards the search quota. A licence record created or imported by the User in the licence tool counts towards the licence capacity.
4. The licence capacity concerns licence records created or imported by the User themselves in the licence tool. Licences sold via the marketplace can be managed in the licence tool but are not counted towards the licence capacity of the platform subscription.
5. The Platform provides quota-based services only to the extent of the quotas booked in each case. Once a quota has been reached, there is no entitlement to further services of the same quota type until quota is available again or the quota has been extended.
6. Add-ons have fixed package sizes and fixed prices. Only the number of booked add-on packages within the maximum quantity provided for the respective platform plan is variable. Add-ons run monthly, are billed monthly and can be ended at the end of the respective add-on billing period.
7. The Provider may offer Enterprise services, individual quotas or special agreements separately. Deviating prices, service limits and contract terms may apply to such agreements.

§ 7 Prices, VAT and payment

1. All prices for platform plans and add-ons are, unless expressly stated otherwise, net prices plus statutory VAT.
2. VAT is shown separately in the booking process and on the invoice, insofar as it is incurred. Where the legal requirements are met, billing may take place under the reverse charge procedure.
3. Before a paid booking, the Provider displays the essential information on the platform plan or add-on, price, VAT, term, renewal, termination and the applicable legal texts. The booking is made via a clearly labelled button.
4. Payment is made via the payment methods offered in the booking process. The Provider may use payment service providers for this purpose, in particular Stripe.
5. Subscriptions are billed in advance for the respective billing period. The charge is made at the beginning of the billing period, unless otherwise stated in the booking process.
6. If a due payment cannot be collected, the Provider may inform the User thereof and set a grace period. During default of payment, the Provider may restrict or block paid functions, insofar as this is proportionate.
7. Invoices are provided electronically. The User is obliged to keep their invoicing data up to date.

§ 8 Term, renewal and termination

1. Subscriptions run for the billing period selected in the booking process.
2. A subscription renews for a further billing period each time unless it is terminated before the end of the current billing period.
3. The User may terminate their subscription in the authenticated user account via the termination function provided there, with effect from the end of the current billing period.
4. The right to extraordinary termination for good cause remains unaffected.
5. After the end of a subscription, paid Platform functions are no longer available. The User retains restricted account access, in particular for profile, invoices, subscription status, legal documents, support contact and re-booking. Data deletion, downgrade consequences and account deletion are governed by § 22.

§ 9 Obligations of the User

1. The User may use the Platform only lawfully, in accordance with the contract and within the service limits booked in each case.
2. The User is in particular obliged:
   • to contribute and have processed via the Platform only content and data to the extent that they are entitled to do so,
   • not to use the Platform unlawfully, abusively or to infringe the rights of third parties,
   • not to circumvent security mechanisms,
   • to carry out automated access only via approved interfaces.
3. The User is responsible for the lawfulness of their uploaded content, their customer and contact data, their licence data and their use of the Platform.
4. The Provider is not obliged to check content contributed by the User in advance.

§ 10 Availability and maintenance

1. The Provider endeavours to ensure reasonable availability of the Platform. Uninterrupted or at all times error-free availability is not owed unless a service level agreement has been expressly agreed.
2. The Provider may carry out maintenance work, security updates, system changes or technical changes insofar as this is necessary for the operation, security or further development of the Platform.
3. The Provider will, where possible, announce plannable significant restrictions in advance.
4. Temporary restrictions may arise in particular from maintenance, security incidents, force majeure, disruptions at third-party providers, network problems or legal requirements.

§ 11 Rights of use and technical processing

1. The User retains all rights to their images, data and content.
2. The User grants the Provider the non-exclusive, geographically unrestricted rights of use in the content contributed by the User that are necessary for operation, provision, storage, display, processing, backup, technical analysis, search runs, monitoring and support. These rights are limited to the performance of the contract.
3. For search runs and monitoring, the Provider may process images or technical derivatives thereof and, insofar as necessary for the service, transmit them to engaged service providers. Google Cloud Vision API Web Detection (WEB_DETECTION) is intended for the current image search and monitoring scope.
4. The Provider does not acquire any further rights to the User's content and may not exploit, publish or sell it outside the performance of the contract.
5. The User ensures that they are entitled to grant the aforementioned rights.

§ 12 Results and web locations

1. For search runs and monitoring, the Platform displays hit lists, web locations, similarity indications and other evaluations. These search results may be incomplete, erroneous, delayed or no longer up to date.
2. A specific hit rate or completeness of the web locations is not part of the scope of services.
3. The User decides for themselves whether and how they use these results.

§ 13 Image search and monitoring

1. Within the scope of the booked platform plan, the Platform enables search runs for images uploaded by the User.
2. Insofar as available in the booked platform plan, the User may trigger search runs manually and activate, deactivate or control monitoring for individual images according to the frequencies offered.
3. The external checking service currently used for the technical web location search is Google Cloud Vision API Web Detection (WEB_DETECTION). This function serves to identify publicly accessible web references, matching or similar pages and technically comparable web locations.
4. The Provider may limit, delay, prioritise or temporarily suspend search runs if this is necessary to comply with quotas, to protect the systems, for cost control or for technical reasons.
5. Upon the end of a subscription, a downgrade or the discontinuation of required add-ons, monitoring ends or is suspended insofar as the service or capacity required for it is no longer booked. Details are governed by § 22.

§ 14 Licence tool

1. The licence tool supports the User in creating, documenting, signing and managing licence agreements. New licence agreements are created on the basis of the input fields, selection options, templates and text modules selected by the User; existing licence agreements can be uploaded, documented and managed.
2. Remuneration, price or payment fields in the licence tool are documentation and management fields. They do not establish any payment processing, debt collection, payout or fiduciary activity on the part of the Provider.
3. The content of a licence agreement is determined by the options selected, the data entered and the additional terms supplemented by the User. The licence agreement is concluded between the User and their respective contracting party; the Provider does not become a party to this licence agreement.
4. The Provider does not carry out any individual legal review of individual licence agreements, use cases, entries or additional terms and does not provide legal advice.
5. Reminders, term information or renewal notices in the licence tool are management aids.

§ 15 Customer and licence data, data processing on behalf

1. Insofar as the User has personal data of third parties processed via the Platform on their behalf, the Provider acts to that extent as a processor within the meaning of Art. 28 GDPR.
2. The Provider makes a separate data processing agreement ("DPA") available to the User for this purpose. The DPA must be concluded before the start of any processing of personal data of third parties on behalf of the User.
3. For the licence tool as well as customer and contact functions, the conclusion of a DPA is required before first use. Without the required DPA, the Provider may technically block or restrict these areas.
4. The User remains the controller for the lawfulness of the personal customer, contact and contract data contributed by them.
5. Details on processing on behalf, sub-processors, deletion periods, technical and organisational measures and instructions follow from the separate DPA.

§ 16 Support and communication

1. The Provider may offer support via email, a self-operated support chat or other communication channels provided by the Provider.
2. Support serves to provide technical and organisational assistance in using the Platform. Legal or tax advice is not owed.
3. The Provider may send contract-related notices, invoice information, security information, trial period notices, payment information and legally required information to the contact details stored by the User.

§ 17 Blocking, abuse and security

1. The Provider may temporarily block or restrict user accounts, functions or individual content if there are specific indications of unlawful use, abuse, security risks, significant breaches of contract, default of payment or false information regarding entrepreneur status.
2. When taking the measure, the Provider takes the legitimate interests of the User into account, insofar as no urgent security, legal or abuse-related reasons stand in the way. The User is informed where possible.

§ 18 Liability

1. The Provider is liable without limitation for damages arising from injury to life, body or health, for intent and gross negligence, under the German Product Liability Act (Produkthaftungsgesetz) and to the extent of guarantees expressly assumed.
2. In the event of a slightly negligent breach of material contractual obligations, the Provider is liable only for the foreseeable damage typical of the contract. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely.
3. Liability under paragraph 2 is limited in amount to the net remuneration owed by the User in the twelve months preceding the event giving rise to liability for the affected platform subscription, including booked platform add-ons. In the case of a shorter contract term, the net remuneration expected to be owed for twelve months is decisive. Deviating liability provisions may apply to individually agreed Enterprise contracts.
4. Otherwise, liability for slight negligence is excluded.
5. For loss of data, the Provider is liable within the scope of the preceding paragraphs only insofar as the damage would also have occurred with reasonable and regular data backup by the User.
6. The foregoing limitations of liability also apply in favour of the legal representatives, employees and vicarious agents of the Provider.

§ 19 External services

1. External services may be used for certain functions. According to the current scope of services, this concerns in particular:
   • Stripe for payment processing, payment method management, tax and invoicing processes and, where offered, payouts or credit notes within the partner program or separate marketplace functions,
   • Google Cloud Vision API Web Detection (WEB_DETECTION) for technical web location search and monitoring,
   • optionally offered third-party logins and optionally offered external upload sources, insofar as the Provider makes such functions available.
2. The use of external services may be subject to additional terms and privacy notices of the respective provider, insofar as the User uses these services or is redirected to them.
3. With regard to Google Cloud Vision API Web Detection, the Provider refers to the contractual bases, privacy information and information on data use for Google Cloud services published by Google from time to time.
4. The Provider may replace external services if the replacement solution is reasonable for the User and the contractually agreed scope of services is essentially maintained.

§ 20 Data protection

1. Information on the processing of personal data by the Provider follows from the privacy policy applicable from time to time.
2. Insofar as the User contributes personal data of third parties to the Platform, the User remains responsible for the lawfulness of this data processing and for their own data protection obligations.

§ 21 Changes to these Terms, changes to services and price changes

1. The Provider may change these Terms, service descriptions or prices for objective reasons with effect for the future.
2. Changes are communicated to the User with a reasonable period of notice before the planned effective date. Active acceptance of the amended version is required for active use of the Platform from the effective date.
3. If the User rejects the amended version or does not accept it by the effective date, a running subscription ends on the effective date. From that time, no active use of paid Platform functions is possible. Renewed paid use requires acceptance of the amended version and the conclusion of a new subscription.
4. Fees already paid in advance for periods after the effective date are refunded or credited pro rata.
5. The User retains restricted account access, in particular for invoices, subscription status, profile, legal documents, support contact and account deletion.
6. Price changes apply only to future billing periods.

§ 22 End of contract, downgrade and data

1. After the end of a subscription, the paid Platform functions end. The User retains restricted account access, in particular for profile, invoices, subscription status, legal documents, support contact and re-booking.
2. Customer, contact, licence and other Platform data created by the User remain in the account until the User deletes them, the account is deleted or an agreed or legally required deletion logic applies.
3. Account deletion is a separate process. Upon account deletion, data is deleted or anonymised insofar as no statutory retention obligations, open claims, evidence requirements or other legitimate reasons stand in the way.
4. During the contract term and within the scope of restricted account access existing after the end of the contract, the User may request an export of their exportable Platform data. The Provider makes the exportable data available without undue delay and within the statutory periods in a common, structured and machine-readable format. Export files provided remain retrievable for at least 30 calendar days.
5. Exportable Platform data is the data contributed by the User to the Platform and the data generated by their use and assigned to their account, insofar as this is to be provided under the statutory requirements. This includes, where available and exportable, in particular images, image data and metadata, search and monitoring data, customer and contact data, licence agreement data, contract documents and invoice and settlement documents provided.
6. In the event of a downgrade or the end of an add-on, the capacities of the new platform plan and of the add-ons then active apply from the time it takes effect. Old add-ons do not automatically continue upon a change of plan.
7. Excess images are no longer monitored from the time the reduction takes effect and do not trigger new search runs. The User may clean up excess images themselves within seven days. After expiry of this period, excess images are removed from active image management, insofar as they are not to be treated separately pursuant to paragraph 8.
8. Images or records with a licence, sales, evidence, settlement or dispute connection are treated separately and may be retained in a form of evidence required for that purpose.
9. The User is responsible for backing up required documents and data in good time and for fulfilling their own statutory retention obligations. Statutory retention and evidence obligations of the Provider remain unaffected.

§ 23 Partner and referral program

1. The Provider may make a partner and referral program available.
2. Participation, referral links, attribution, discounts, commissions, release, payout, set-off, corrections and termination are governed by the separate Partner Program Terms, which must be accepted before participation.
3. Without activation of the partner program and acceptance of the Partner Program Terms, no claims arise from the partner program.

§ 24 Final provisions

1. German law applies.
2. The place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, the registered office of the Provider.
3. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provision applies in place of the invalid provision.

Annex: Plans and Quotas

All prices are net plus statutory VAT.

1. Platform plans

1. The annual price corresponds to ten monthly base fees.
2. The search quota is provided monthly and expires at the end of the month, regardless of whether the subscription is billed monthly or annually.
3. Image capacity and licence capacity describe the maximum number of images or licence records that can be actively managed at the same time.
4. Enterprise is not a fixed self-service plan. Scope of services, prices, term, quotas and liability provisions may be agreed individually.

2. Add-ons

1. Add-ons are billed monthly, even if the platform plan is billed annually.
2. In the event of a downgrade, a change of plan or the end of an add-on, the capacity rules of § 22 apply.