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1.1 These Terms of Use apply to all contracts between MEDIA-IDENT Group GmbH, Dresdener Str. 31, 10179 Berlin (hereinafter “MEDIA-IDENT”), and the User regarding the use of the online platform copyident developed and operated by MEDIA-IDENT, accessible at https://copyident.com, as a tool for image protection on the internet (hereinafter “copyident”).
1.2 The General Terms and Conditions of MEDIA-IDENT Group GmbH www.mediaident.com apply. Any general terms and conditions of the User shall only become part of the contract if MEDIA-IDENT expressly agrees to them. The inclusion of general terms and conditions of the User is hereby expressly rejected.
2.1 The contract is concluded upon registration by the User in accordance with the following provisions:
2.2 Access to copyident is granted via a client account. To use copyident, the User must create a user account by providing the following information:
a. Name
b. Valid business email address
c. Password
2.3 After entering and submitting the data, the User will receive an email from MEDIA-IDENT requesting confirmation of their email address. Once the User confirms the email address via the link sent in the confirmation email, registration is complete. Upon completion of registration, a free-of-charge contract for the use of copyident is concluded between the User and MEDIA-IDENT. The User can then, for the first time, access and use their client account on copyident by entering their email address and password (hereinafter “access data”). MEDIA-IDENT reserves the right to decline the creation of a client account without stating reasons. In this case, the User's data submitted via the registration form will be deleted immediately, and no confirmation email will be sent.
2.4 The User is responsible for ensuring that access data to the client account is always kept secure and not disclosed to unauthorized third parties. In the event of suspected or actual misuse of the user account, the User must inform MEDIA-IDENT without delay so that appropriate countermeasures can be taken.
2.5 Each User may only be registered once at any time. If MEDIA-IDENT terminates this contract or blocks/deletes the client account, the User may only register again with the express written consent of MEDIA-IDENT.
3.1 MEDIA-IDENT provides the User with copyident as Software-as-a-Service (hereinafter “SaaS”). This includes in particular the granting of the usage rights required for use in accordance with Clause 6.
3.2 MEDIA-IDENT provides copyident for the automated detection of image rights infringements on the internet. MEDIA-IDENT does not guarantee that all image rights infringements committed on the internet will be identified through its use.
3.3 The User may initially upload up to 500 images to copyident free of charge, which will then be automatically monitored. Should the User wish to monitor more than 500 images, this is possible after upgrading to one of the paid plans offered by MEDIA-IDENT. If a User with an account containing more than 500 images fails to upgrade, MEDIA-IDENT reserves the right to restrict the search range and to delete images in excess of the 500-image limit.
3.4 Copyident’s image search automatically scans the internet for matches with the images uploaded by the User and displays the identified matches in an overview in the User’s client account. Via copyident, the User can mark image rights infringements and commission the assertion of legal claims arising therefrom.
3.5 The overall frequency of the image search is determined exclusively by MEDIA-IDENT and may vary between users and subscription plans. Different paid plans have different limits regarding the number of images actively searched by MEDIA-IDENT, the information MEDIA-IDENT provides to the User regarding the search results, and the client support offered by MEDIA-IDENT.
4.1 The User shall take appropriate measures to ensure that unauthorized third parties do not gain access to protected areas of copyident, especially the administrator account.
4.2 The User is solely responsible for entering and maintaining the data and content necessary for the use of copyident and arising during the use of copyident. In particular, the User shall ensure that the data and content entered by themselves or users while using copyident:
a. do not violate applicable law or regulatory requirements and/or infringe third-party rights;
b. do not contain viruses or other harmful components.
4.3 The User shall report any reproducible defects occurring in copyident without delay to MEDIA-IDENT. The defect report must include, in particular, information on the time of occurrence and a precise description of the defect.
4.4 The User is fully responsible for the content they upload to copyident. In particular, the User shall follow up on reports of infringing content on copyident, moderate content as necessary, and delete it if applicable. Upon MEDIA-IDENT’s request, the User shall remove specific content if reported by users to MEDIA-IDENT and if such content violates contractual or legal provisions. If the User fails to comply with this obligation, MEDIA-IDENT is entitled to block access to copyident.
5.1 MEDIA-IDENT grants the User a simple and non-transferable right to use copyident and the content made available via copyident for the duration of the contract and to the contractually agreed extent.
5.2 If the User uploads their own content (such as documentation, graphics, video and audio files, logos, etc.) to copyident in the course of use, which is protected by copyright or other intellectual property rights, the User grants MEDIA-IDENT a simple, time-limited right for the duration of the contract and a geographically unlimited right to use this content for the purpose of performance by MEDIA-IDENT. The User grants MEDIA-IDENT the right to sublicense this usage right to third parties engaged by MEDIA-IDENT for the provision of services. The User warrants that they hold the rights required to grant such usage rights.
5.3 Furthermore, the user grants MEDIA-IDENT the right to use the user's media for training AI components exclusively for the purpose of improving the MEDIA-IDENT services provided to the users, provided that the training is based exclusively on AI & training developed by MEDIA-IDENT and is not transferred to external providers.
6.1 MEDIA-IDENT is entitled, but not obliged, to modify copyident during the contract term, particularly to adapt it to technological progress or changed circumstances. This includes the addition of new functionalities, changes to the user interface, and adjustments in the backend. MEDIA-IDENT may make such modifications without prior notice in order to offer an optimized service, provided that copyident remains suitable for its agreed purpose and the modified offering is reasonable for the User with due regard to both parties’ interests.
6.2 MEDIA-IDENT is also entitled to make changes, adjustments, restrictions, or remove functionalities of copyident and related services if changes in legal regulations or standards or new technical or scientific findings require it. The method of implementation is at MEDIA-IDENT’s discretion. The User has no entitlement to the introduction or continued availability of specific functionalities as long as the essential functionality of copyident remains unaffected.
6.3 If copyident is modified in such a way that changes and/or adjustments to its functionality are made, thereby replacing or supplementing the previously used version, the new version of copyident is also subject to the provisions of this agreement.
7.1 The User agrees to indemnify and hold MEDIA-IDENT harmless from all third-party claims arising from infringements of third-party rights, particularly copyrights, trademarks, patents, or other intellectual property rights, insofar as the User is responsible for such infringement. This especially applies where the claims are based on the User’s lack of the rights required to grant usage rights pursuant to Clause 5.2.
7.2 The User’s indemnification obligation pursuant to Clause 7.1 also applies to claims resulting from acts or breaches by subcontractors, vicarious agents, or other third parties commissioned by the User.
7.3 Indemnification includes all claims and demands as well as all costs incurred in defending against such claims and demands, including reasonable legal fees for representation in court and out-of-court proceedings, and any other costs related to the defense.
7.4 MEDIA-IDENT shall inform the User without delay of any asserted claims and give them the opportunity to respond. The indemnification obligation shall not apply to the extent that MEDIA-IDENT has contributed to the infringement or the claim results from MEDIA-IDENT’s use of the content beyond the contractually agreed use.
8.1 For users of the free plan, warranty is governed by Sec. 600 BGB.
8.2 For users subscribed to a paid plan, the following warranty provisions apply:
a. Warranty for the use of copyident is governed by the provisions of tenancy law (Secs. 535 et seq. BGB).
b. The User must notify MEDIA-IDENT of any defects without undue delay.
c. Warranty for minor impairments of the suitability of the service is excluded.
d. Strict liability pursuant to Sec. 536a para. 1 BGB for defects existing at the time of contract conclusion is excluded. The scope of liability for damages is governed by Clause 9.
9.1 For users of the free plan, MEDIA-IDENT’s liability is governed by Sec. 599 BGB.
9.2 For users subscribed to a paid plan, the following liability rules apply:
a. Unlimited liability: MEDIA-IDENT shall be liable without limitation for intent and gross negligence, as well as in accordance with the German Product Liability Act. For slight negligence, MEDIA-IDENT shall be liable without limitation in the event of injury to life, body, or health.
b. Otherwise, the following limited liability applies: In the case of slight negligence, MEDIA-IDENT shall only be liable for the breach of essential contractual obligations, the fulfillment of which is necessary for proper performance of the contract and on which the User may regularly rely (cardinal obligations). Liability for the slightly negligent breach of such cardinal obligations is limited to the damages foreseeable at the time of contract conclusion and typical for this type of contract. These limitations of liability also apply for the benefit of MEDIA-IDENT’s vicarious agents.
10.1 The usage contract is concluded for an indefinite period and may be terminated by either party at any time without notice and without stating reasons.
10.2 Termination must be declared in text form (Sec. 126b BGB). Termination may also be effected by MEDIA-IDENT deleting the User’s client account. MEDIA-IDENT may delete the account particularly if the User fails to fulfill contractual obligations, in the event of other serious breaches of duty, if there is well-founded suspicion of culpable breach of duty, if there has been no activity in the account for more than six months, or if the User is no longer reachable via the provided email address.
10.3 In the event of termination, the User’s account, their data, and uploaded images will be deleted. If the User has concluded a management contract with MEDIA-IDENT for the enforcement of claims arising from image rights infringements, the account will initially be deactivated for the duration of the management contract. Deactivation or deletion means that the User no longer has access to the account. Once all management contracts with the User have ended, the account and all its content will be deleted.
10.4 The right of use granted under Clause 5 ends with deletion of the client account and the uploaded images.
11.1 If the User subscribes to a paid plan, remuneration is due monthly in advance. The amount of remuneration is based on the paid plan subscribed to by the User and is displayed to the User at the time the contract is concluded.
11.2 RIGHTS-DEFEND shall issue an invoice to the User and send it via email. The invoice is due for payment within 14 days of issuance.
12.1 The contract between MEDIA-IDENT and the User and these Terms of Use constitute the entire agreement between the parties. There are no oral side agreements. Any existing contracts for the use of copyident are superseded by this contract unless otherwise expressly agreed by the parties.
12.2 Should individual provisions of these Terms of Use be held invalid and/or void, the remaining provisions shall remain unaffected.
12.3 The law of the Federal Republic of Germany applies, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.4 The registered office of MEDIA-IDENT shall be the exclusive place of jurisdiction for all disputes arising from or in connection with contracts between MEDIA-IDENT and the User.
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