General Terms and Conditions (GTC)

PART A – General Terms and Conditions for the Use of the broadify Software (SaaS)

1. Scope of Application

These General Terms and Conditions (“GTC”) apply to all agreements for the use of the software-as-a-service solution “broadify” between broadify GmbH (“broadify”) and its customers (“Customer”).

Any deviating or conflicting terms and conditions of the Customer shall not apply unless broadify has expressly agreed to their validity in writing.

These GTC apply regardless of whether the Customer uses a free or paid package.

2. Scope of Services / SaaS Model

broadify provides the Customer with the software “broadify” in its respective current version for use via the internet.

The software is not sold but made available to the Customer for temporary use.

broadify aims to achieve an average annual availability of 97%, excluding maintenance periods, updates, security measures, and events of force majeure.

broadify is entitled to further develop, adapt, or discontinue features, provided this is reasonable for the Customer and does not materially impair the purpose of the contract.

3. Packages and Prices

broadify offers various subscription-based usage packages.

Prices are monthly amounts plus the applicable statutory value-added tax.

broadify also offers annual billing.

broadify is entitled to adjust prices after the end of a contractual period. The Customer will be informed at least 30 days in advance.

4. Contract Term and Termination

The contract term is 12 months unless expressly agreed otherwise.

Subscriptions are automatically renewed for a further 12 months unless terminated with a notice period of 30 days prior to the end of the respective term.

Packages may only be terminated at the end of the respective contract term.

The right to extraordinary termination for cause remains unaffected.

5. Upgrade and Downgrade

An upgrade to a higher package is possible at any time. The new services are available immediately, and the price adjustment is calculated on a pro-rata basis.

A downgrade is only possible at the end of the respective contract term.

A change from a free package to a paid package is possible at any time.

6. Payment Terms

Billing is carried out either monthly or annually in advance. The selected billing interval has no effect on the agreed contract term.

In the event of late payment, broadify is entitled to temporarily suspend access to the software after prior notice.

The obligation to pay remains in effect during the suspension period.

7. Free Trial

broadify may grant Customers a free trial period (“Free Trial”) of up to 14 days.

If the Customer does not cancel or expressly terminate a paid subscription during the Free Trial, the Free Trial will automatically convert into a paid subscription for the selected package upon expiration of the trial period.

Billing for the paid subscription begins immediately after the Free Trial ends.

broadify is entitled to change, restrict, or discontinue Free Trial offers at any time.

broadify will inform the Customer in due time prior to the expiration of the Free Trial about the upcoming transition to a paid subscription.

8. Permitted Use / Misuse

The Customer may use the software exclusively for its own business or internal purposes.

In particular, the following is prohibited:

• renting, sublicensing, or reselling the software,

• using the software to develop or operate competing products,

• circumventing technical protection measures or usage restrictions,

• reverse engineering, decompiling, or analyzing the source code,

• abusive or unlawful use.

In the event of violations, broadify is entitled to temporarily or permanently block access to the software.

9. User Accounts and Responsibility

The Customer is responsible for all activities carried out via its user accounts.

Access credentials must be treated as confidential.

The Customer is liable for misuse by its employees or agents.

10. Rights of Use

The Customer is granted a simple, non-transferable, non-sublicensable right to use the software. The right of use is limited to the duration of the respective contractual relationship.

The Customer may not copy, modify, reverse engineer, or use the software for competing products.

All ownership and intellectual property rights remain exclusively with broadify.

11. Customer Content & Intellectual Property

The Customer retains all rights to its own content processed via the software.

broadify is granted a technically necessary right to use such content for processing purposes.

broadify is entitled to use anonymized usage data to improve the software.

12. Data Processing & Storage

broadify stores customer data exclusively in data centers within the EU/EEA.

broadify processes personal data in accordance with the GDPR.

An order processing agreement pursuant to Art. 28 GDPR is required for the use of the software. broadify will provide such an agreement upon request.

The Customer is responsible for backing up any data stored locally.

13. Support

Support services depend on the respective booked package.

Standard support is provided via email.

broadify is not obligated to provide individual customization support.

broadify is entitled to use carefully selected processors and subcontractors to provide its services, provided that they are engaged in compliance with applicable data protection laws, in particular the GDPR.

14. Liability

broadify shall be liable without limitation in cases of intent, gross negligence, and for injury to life, body, or health.

In cases of slight negligence, broadify shall only be liable for breaches of essential contractual obligations; liability is limited to the foreseeable damage.

In all cases, liability is limited to the fees paid by the Customer in the last 12 months.

Liability for lost profits, production downtime, or indirect damages is excluded.

15. Consequences of Termination

Upon termination of the contract, the account will be deactivated.

Data will be deleted no later than 30 days after termination, unless statutory retention obligations apply.

16. Amendments to the GTC

broadify is entitled to amend these GTC.

Amendments will be communicated to the Customer.

If the Customer does not object to the amendments within 30 days of receipt of the notification, the amendments shall be deemed accepted. broadify will expressly inform the Customer of the objection period and the right to extraordinary termination in the event of material changes.

17. Final Provisions

The laws of the Federal Republic of Germany shall apply.

Place of performance and jurisdiction is Stockach, Germany, provided the Customer is a merchant.

Should individual provisions be invalid, the remainder of the contract shall remain valid.

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PART B – Partner Terms for System Integrators

1. Partner Status

Partners are companies that distribute broadify as part of their own studio or AV solutions.

The Partner is granted a non-exclusive right to distribute broadify.

2. Commissions

Partners receive commissions for concluded subscription agreements.

The amount of the commission is agreed upon individually.

3. Use of Concepts & Planning Materials

broadify provides Partners with studio configurations and planning documents free of charge.

These materials may be used exclusively for joint customer projects with broadify.

Any disclosure, reproduction, or use outside the respective project is prohibited.

In the event of concept changes, the Partner shall bear any resulting additional costs.

4. Obligations of the Partner

The Partner undertakes to present broadify correctly and to refrain from making misleading statements.

The Partner undertakes to comply with applicable brand guidelines.

The Partner is responsible for the technical implementation of its own studio installations.

5. Liability

The Partner is solely responsible for the studio solutions planned and delivered by the Partner.

broadify shall not be liable for errors resulting from faulty planning, installation, or operation by the Partner.

broadify assumes no liability whatsoever for the planning, installation, operation, or maintenance of studios carried out by Partners.

6. Partner Support

broadify provides training materials for Partners.

Any additional support services are subject to a fee or must be agreed upon individually.

7. Termination of the Partnership

The partnership is concluded for an indefinite period and may be terminated by either party with 30 days’ notice to the end of the month.

Upon termination, all rights of use to concepts, documents, and trademarks shall expire.

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