General Terms and Conditions
of movingimage EVP GmbH

1. Scope of Application

1.1.
These General Terms and Conditions (hereinafter the “GTC”) shall apply to all contractual relationships between movingimage EVP GmbH (hereinafter “movingimage”) and the contractual partner (hereinafter the “Contracting Party”).

1.2.
In addition to these GTC, special contractual terms and conditions of movingimage that apply to the respective service may govern the contractual relationship between movingimage and the Contracting Party.
The special contractual terms and conditions include, in particular:

• the “VideoManager Pro Terms of Use and License Conditions”;
• the “Terms and Conditions for the Production of Videos or Other Multimedia Products”;
• the “AI-Addendum”.

The applicable special contractual terms and conditions are available at “www.movingimage.com/gtc” or may be requested from movingimage. Together with these special contractual terms and conditions, these GTC constitute the so-called “General Contractual Conditions of movingimage EVP GmbH.”

‍1.3.
Deliveries and services of movingimage shall be rendered in accordance with the General Contractual Conditions of movingimage EVP GmbH. Deviating terms and conditions of the Contracting Party shall apply only if expressly accepted by movingimage.

1.4.
Where the special contractual terms and conditions of movingimage contain provisions that deviate from or conflict with these GTC, the provisions of the special contractual terms and conditions shall prevail.

2. Use of Artificial Intelligence

2.1.
If movingimage uses Artificial Intelligence for the performance of its obligations, or part thereof, the additional provisions set forth separately in the “Addendum on Artificial Intelligence” (AI-Addendum) shall apply, available at [insert link to the AI-Addendum here].

2.2.
If the provisions of the AI-Addendum of movingimage contain regulations that deviate from or conflict with these GTC, the provisions of the AI-Addendum shall prevail as special contractual terms and conditions.

3. Orders, Agencies and Assignment

3.1.
Unless otherwise stated in the offer, an offer of movingimage shall remain valid for thirty (30) days.

3.2.
A contract shall be concluded when the Contracting Party accepts the offer of movingimage within the validity period of the offer. If the Contracting Party accepts the offer of movingimage with modifications or after expiration of its validity period, such acceptance shall constitute a new offer. The contract shall then only be concluded once movingimage confirms this new offer. The provision of corresponding services by movingimage in response to such offer shall also constitute confirmation.

3.3.
Where the Contracting Party makes an offer, the contract shall be concluded upon acceptance by movingimage. If movingimage accepts the offer with modifications, the contract shall be deemed concluded with such modifications once the Contracting Party agrees thereto.

3.4.
Agency orders shall be accepted only if the customer is clearly identified and the agency acts on behalf of that customer. movingimage may require proof thereof and the submission of written authorization. Invoices shall be issued to the agency but may also be issued directly to the customer. The agency may transfer booked services to other customers only with the prior written consent of movingimage.

If, by way of exception, the order is placed in the agency’s own name but for an agency customer, the agency hereby assigns its payment claims arising under its contract with the agency customer to movingimage as security. 

4. Remuneration

4.1.
All prices are exclusive of the applicable statutory value-added tax unless expressly agreed otherwise.

4.2.
Where the contract provides for automatic renewal, movingimage shall be entitled to increase the remuneration upon expiry of twelve (12) months after commencement of the contract and no more than once per calendar year, subject to four (4) months’ prior notice before the automatic renewal takes effect. Notice of a price adjustment shall be provided by e-mail to the address designated to movingimage for contractual communications.
In the event of a price increase of five (5)% per annum or more, the Contracting Party shall be entitled to terminate the contractual relationship extraordinarily with effect from the date of the increase, provided that notice is given at least six (6) weeks prior to the automatic renewal.

4.3.
‍movingimage may assert claims if payment has not been made within thirty (30) days after the invoice has been issued.

5. Acceptance of Works

5.1.
Upon completion of the work, the Contracting Party shall commence acceptance testing within five (5) business days and shall declare acceptance to movingimage within three (3) business days after successful completion of such testing.

5.2.
If acceptance is refused, the Contracting Party shall provide movingimage with a list of all material defects preventing acceptance. After expiration of a reasonable period, movingimage shall remedy such defects and provide a defect-free work product for acceptance.

6. Payment Terms, Default

6.1.
The billing period shall be:

• for contracts with a term of less than twelve (12) months: the entire contractual term; in such case, the agreed remuneration shall be invoiced in full upon conclusion of the contract;
• for contracts with a term exceeding twelve (12) months: (i) one year (“annual billing”) or (ii) a longer period agreed between the Contracting Party and movingimage; in such case, the agreed remuneration shall be invoiced in advance either annually or for the agreed period; and
• for contracts relating to individual events: the period of the respective event including preparation and follow-up activities, unless expressly agreed otherwise.

6.2.
Unless otherwise agreed, invoices shall be payable within fourteen (14) days following dispatch of the invoice.

E-mails shall be deemed received upon arrival at the recipient’s mail server. Letters shall be deemed received upon expiry of the third day following posting.

Where the Contracting Party intends to rely on receipt at a later point in time, any delay must be objected to vis-à-vis movingimage within five business days after receipt of the invoice.

The date of receipt of payment by movingimage shall be decisive.

6.3.
If the Contracting Party is in default of payment, movingimage shall be entitled to withhold further performance until all outstanding claims have been paid in full or security has been provided.
The same shall apply if, after conclusion of the contract, it becomes apparent that movingimage’s payment claim is jeopardized due to the Contracting Party’s lack of financial capacity.

6.4.
Bank charges shall be borne by the Contracting Party. Checks and bills of exchange shall be accepted only on account of performance. Unless expressly agreed otherwise, payments shall be made by bank transfer in Euro.

6.5.
The Contracting Party shall only be entitled to a right of set-off or retention if the Contracting Party’s counterclaims arise from the same legal transaction and are undisputed or have been finally adjudicated.

7. Liability of movingimage, Limitation Periods

7.1.
movingimage shall be liable without limitation for intentional misconduct or gross negligence, as well as in the event of culpable injury to life, body or health, for all resulting damages, unless otherwise required by law.

7.2.
In cases of negligence, movingimage’s liability for property damage and financial loss shall be limited to the foreseeable damage typical for the contract. This shall not apply in the event of a breach of material contractual obligations. Material contractual obligations are obligations whose performance is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the contractual purpose, and on whose compliance the contractual partner regularly relies and may rely.

7.3.
In cases of slight negligence, movingimage shall be liable for property damage and financial loss only in the event of a breach of material contractual obligations. Liability shall be limited to the foreseeable damage typical for the contract. Liability for loss of profit shall be excluded to the extent permitted by law.

7.4.
In the event of data loss, movingimage shall only be liable to the extent that such loss is attributable to a breach of duty for which movingimage is responsible. The scope of liability shall be limited to the typical restoration effort that would have been required had the Contracting Party performed proper data backups, unless movingimage is contractually obligated to perform data backups. In addition, movingimage shall only be liable for data loss for as long as the Contracting Party has not deleted the relevant data, but no longer than until termination of the contract between the Contracting Party and movingimage with regard to the relevant data.

7.5.
To the extent permitted by law, liability of movingimage for damages pursuant to Section 536a German Civil Code (BGB) for defects existing at the time of contract conclusion shall be excluded.

7.6.
Except as otherwise provided by mandatory statutory provisions, any further liability of movingimage, irrespective of the legal basis, shall be excluded.

7.7.
Liability under the German Product Liability Act, for fraudulent concealment, for an assumed guarantee, or under any other mandatory statutory provisions shall remain unaffected.

7.8.
The limitation period for defect claims, including claims for damages arising from defects, shall be one year from provision of the service, unless a different period is mandatorily prescribed by law.
Statutory limitation periods shall apply to claims for damages not based on defects.
The statutory limitation periods for claims under the German Product Liability Act, claims for damages arising from injury to life, body or health, claims based on intent and gross negligence, and claims under Article 82 GDPR shall remain unaffected.

8. Termination

8.1
The Contract shall be concluded for the agreed Contract Term in each case. Where automatic renewal has been agreed, either Party may terminate the Contract by giving three (3) months’ notice effective as of the end of the respective Contract Term.

8.2
The right of either Party to terminate the Contract without notice for good cause shall remain unaffected.
In particular, movingimage shall be entitled to terminate the Contract without notice if the Contracting Party (in the case of a continuing obligation relationship):

• is in default of payment of the remuneration (net) or a substantial part thereof for two consecutive months; or
• fails to make payments in an amount equal to two monthly remuneration payments (net) over a period of more than two months.

8.3.
‍movingimage shall be entitled to terminate the Contract without notice for good cause if the Contracting Party or an owner of the Contracting Party is included on a national or international sanctions list, irrespective of the reason.

‍8.4.
movingimage shall be entitled to terminate the Contract without notice for good cause if the Contracting Party violates contractual and/or regulatory requirements of suppliers or partners of movingimage that apply to the Contracting Party.

8.5.
Termination must be made in text form (e.g. e-mail).

8.6.
The provisions of Section 3.2 shall remain unaffected.

9. Cancellation

Any withdrawal by the Contracting Party from the Contract or cancellation thereof shall be excluded, subject to any express provision in the General Contractual Conditions of movingimage EVP GmbH, any deviating individual contractual agreement, and any mandatory statutory grounds for withdrawal. If, by way of exception, movingimage agrees to a request for withdrawal, the Contracting Party shall be obliged to pay a cancellation fee of 30% to movingimage if the request for withdrawal is made up to four (4) weeks before the planned commencement of performance.
If the Contracting Party’s request for withdrawal is made after this date, the Contracting Party shall be obliged to pay the full contractual remuneration. The Contracting Party shall retain the right to prove higher savings in expenses or a lower scope of services on the part of movingimage.

10. Obligations of the Contracting Party

10.1.
The Contracting Party shall provide movingimage with all information and instructions necessary for the performance of the contractually agreed services.

10.2.
To the extent that the subject matter of the services provided by movingimage consists of the provision or making available of software (“movingimage Software”), the Contracting Party shall be obliged to establish, set up and maintain, on the computer systems within the Contracting Party’s sphere of operations, a secure and functional hardware and software environment for the period during which the movingimage Software is installed and used. Such environment must comply with the requirements agreed with movingimage (in particular the contractually agreed system requirements), so that neither the security, integrity nor availability of the movingimage Software is impaired. The Contracting Party further undertakes not to install, and to remove from its computer systems, any software that impairs the functionality of the movingimage Software.
Furthermore, the Contracting Party shall be obliged to take all reasonable measures at regular intervals to safeguard its data and computer systems, in particular by installing and maintaining sufficiently up-to-date software for protection against viruses and other malware in accordance with the current state of the art.

10.3.
Where the performance of the agreed services requires cooperation by the Contracting Party, movingimage shall first coordinate a date or period for such cooperation with the Contracting Party. Such date or period must be selected in a manner that enables movingimage to provide the services in a timely fashion.
If no agreement on such date is reached within four (4) weeks following conclusion of the Contract, and the delay is not attributable to movingimage, the following shall apply:

• movingimage shall propose three specific dates to the Contracting Party;
• the Contracting Party must accept one of these dates within no more than two (2) weeks. If the Contracting Party fails to do so, the Contracting Party shall be obliged to pay the contractual remuneration to movingimage from the expiry of the latest date proposed by movingimage, less any expenses saved or income otherwise earned (Section 649 sentence 2 German Civil Code (BGB)).

10.4.
The Contracting Party shall notify movingimage in writing without undue delay of any defects or disruptions affecting movingimage’s contractual services.

10.5.
If the Contracting Party fails to comply with contractual or statutory duties to cooperate, or fails, contrary to Section 10.4 of these GTC, to report defects or disruptions without undue delay – provided the Contracting Party is responsible for such failure – such conduct shall be deemed contributory causation and contributory fault.

The Contracting Party shall bear the burden of proving that the failure to report or any other breach of duty was not attributable to the Contracting Party.

11. Rights of Use and Indemnification

11.1.
The Contracting Party acknowledges that the temporary use of trademarks or signs of movingimage does not grant the Contracting Party any proprietary rights therein. Any alteration or removal of such trademarks or signs by the Contracting Party is prohibited.

11.2.
Where the Contracting Party provides or uses its own or third-party materials, data or content not supplied by movingimage (e.g. videos, graphics, logos, texts or music) in connection with the Contract, the following shall apply:

• The Contracting Party shall indemnify and hold harmless movingimage against all damages, claims, costs (including reasonable legal defence costs), expenses and other disadvantages arising from third parties asserting claims based on an infringement of their rights or a violation of law in connection with the use or distribution of such content (“Third-Party Claims”). This shall not relieve movingimage of its statutory obligations.
• The Contracting Party shall support movingimage in the defence against such Third-Party Claims, whether judicially or extrajudicially, and shall, upon request, provide movingimage without undue delay with all information, documents and materials required for such defence. 

12. Consent to Being Named as a Reference Customer

12.1.
The Contracting Party agrees that movingimage may refer to the cooperation in the course of business and identify the Contracting Party as a reference customer. This applies to informational and promotional materials in electronic or written form (e.g. websites, brochures and presentations). For this purpose, movingimage may use, reproduce and distribute the Contracting Party’s logos and/or trademarks free of charge and without limitation in time. This shall only be permissible where there is no likelihood of confusion or dilution and no unfair exploitation of the reputation associated with such trademarks. The technical solution (cloud or on-premises) created for the Contracting Party may furthermore be presented as an example solution to prospective customers.
At the Contracting Party’s request, this shall be done without mentioning the Contracting Party’s name.

12.2.
The Contracting Party may request to review and approve the materials prior to their use. The Contracting Party may revoke its consent in whole or in part at any time. In such event, movingimage must cease production of affected materials as soon as reasonably possible (including where long lead times apply, e.g. with service providers).
movingimage may continue to use up materials already existing or already in production.

13. Miscellaneous Provisions

13.1.
The Contracting Party shall not be entitled to transfer any rights or obligations arising from or in connection with these GTC or the agreements based thereon to any third party without the prior written consent of movingimage.

13.2.
All legally relevant declarations and notices by the Contracting Party after conclusion of the Contract – in particular notices setting deadlines, notices of defects, declarations of withdrawal or reduction – must be made in text form (e.g. e-mail or ticket) in order to be effective.

13.3.
‍movingimage shall be entitled to amend these GTC provided that there is an objectively justified reason for doing so and the interest of movingimage in the amendment outweighs the interests of the Contracting Party.
Such objectively justified reasons include, in particular, adjustments required due to legal or regulatory requirements, technical developments, changes in market conditions or organisational processes of movingimage.

The planned amendments shall be communicated to the Contracting Party in text form.
The amendments shall enter into force unless the Contracting Party objects in text form within four (4) weeks after receipt of the notice of amendment. In the notice of amendment, movingimage shall inform the Contracting Party of the right to object, the applicable deadline and the consequences of failing to object. If movingimage fails to issue a notice of amendment, the GTC agreed with the Contracting Party shall remain in force until such notice is issued or until the Contract is terminated.

Amendments affecting material contractual obligations or resulting in a substantial alteration of the contractual balance shall require the Contracting Party’s express consent.

13.4.
Unless expressly stipulated otherwise or a stricter form is mandatorily required by law, the written form requirement within the meaning of these GTC shall be satisfied by transmission of hand-signed documents by fax or by scanned copy via e-mail.

13.5.
Where the Contracting Party is an entrepreneur, these GTC and the agreements based thereon, including all disputes concerning their formation, validity and performance, shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) and German conflict-of-law rules are excluded.

13.6.
Where the Contracting Party is an entrepreneur, the exclusive place of jurisdiction – including international jurisdiction - for all disputes arising out of or in connection with these GTC or the agreements based thereon shall be Berlin. However, movingimage shall also be entitled to bring claims against the Contracting Party before any other court having jurisdiction under applicable law.

13.7.
Should any provision of these GTC or of the agreements based thereon be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed that most closely reflects the intent of the Parties, taking into account the economic purpose of the replaced provision. The same shall apply to any unintended contractual gaps.

Version: July 2026

General Terms and Conditions of Business

• Terms and Conditions of Use and Licensing of the VideoManager
• General Terms and Conditions of movingimage EVP GmbH
• Addendum on Artificial Intelligence of movingimage EVP GmbH
• Contractual conditions for the production of videos or other multimedia products