Terms of Service

§ 1 Scope

(1) These Terms of Service apply to all contracts between dbpg deutsche Bühnenproduktionsgesellschaft mbH & Co. KG, Turnerstraße 44, 81827 Munich, Germany (hereinafter "Provider") and the Customer regarding the use of the API services "dbpg Centra".

(2) The services are exclusively directed at entrepreneurs within the meaning of § 14 BGB (German Civil Code). By registering, the Customer confirms that they are an entrepreneur. The Provider is entitled to request corresponding proof.

(3) Deviating terms and conditions of the Customer shall only become part of the contract if the Provider has expressly agreed to their applicability in writing.

§ 2 Subject Matter

(1) The Provider makes an API gateway service available to the Customer. The type and scope of services are specified in the Service Description.

(2) The Provider does not owe any specific outcome. The quality of the results provided may vary.

§ 3 Contract Formation

(1) The contract is formed upon registration by the Customer and activation by the Provider. The Provider reserves the right to reject registrations without stating reasons.

(2) The Customer is responsible for keeping their access credentials confidential and is liable for all activities under their access credentials.

§ 4 Remuneration

(1) Usage is billed via a prepaid credit system. Credits are internal accounting units with no independent monetary value. Current prices are available on the website. All prices are exclusive of statutory value-added tax.

(2) Purchased credits are non-refundable and expire 12 months after purchase as well as upon termination by the Customer. In case of termination by the Provider or discontinuation of the service, credits will be refunded on a pro-rata basis.

(3) The Provider may adjust prices with 30 days' prior notice. Already purchased credits remain unaffected.

§ 5 Customer Obligations

(1) The Customer undertakes to use the services only for lawful purposes and to comply with all applicable laws.

(2) In case of violations, the Provider is entitled to suspend access or terminate the contract without notice. No claim for refund exists in such cases.

§ 6 Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for damages caused intentionally or through gross negligence.

(2) For damages caused by slight negligence, the Provider is only liable in the event of a breach of material contractual obligations. In such cases, liability is limited to foreseeable, contract-typical damage.

(3) Liability is limited in amount to the fees paid by the Customer to the Provider in the preceding 12 months, up to a maximum of EUR 25,000.

(4) The Provider is not liable for damages caused by third-party providers or for the accuracy of content provided via the API.

§ 7 Indemnification

The Customer shall indemnify and hold the Provider harmless from all third-party claims arising from unlawful use of the services by the Customer.

§ 8 Term and Termination

(1) The contract is concluded for an indefinite period. Either party may terminate the contract at any time with 30 days' notice. The Customer may delete their account at any time.

(2) The right to terminate without notice for good cause remains unaffected.

§ 9 Amendments

(1) The Provider may amend these Terms of Service insofar as this is necessary to adapt to legal or technical developments and the Customer is not unreasonably disadvantaged. Amendments will be announced with 30 days' notice.

(2) The Service Description may be updated at any time. Material changes will be announced with reasonable notice.

§ 10 Final Provisions

(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction is Munich, Germany.

(3) Amendments and supplements to this contract require text form (§ 126b BGB).