Terms & Conditions

§ 1 Application of the General Terms and Conditions

The General Terms and Conditions (GTC) accepted by both contracting parties govern the terms and conditions of Services between Artem Studios, owner: Artur Trilikovskij, Koselstraße 10, 60318 Frankfurt am Main, Germany, e-mail: contact@artemstudios.de , hereinafter "Contractor" and the client, hereinafter "Client", as a service contract within the meaning of Sections 611 et seq. of the German Civil Code (BGB), unless otherwise agreed in writing between the contracting parties.

The Contractor offers various services for booking. These are in particular AI-powered creative production for brands — advertising videos, product photography, UGC creatives and complete campaign production.

The object of the order is the provision of an agreed service (service contract) and not the achievement of a specific result (no contract for work). The commissioned services should be deemed to have been rendered when the required services have been performed and any questions that may arise have been dealt with. The Client undertakes in his own interest to provide all relevant information truthfully and completely.

These General Terms and Conditions only apply to companies in accordance with § 14 BGB and not to consumers in accordance with § 13 BGB.

These Terms and Conditions shall apply to all current and future business relationships between the Contractor and the Client.

Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing by the Contractor.

§ 2 Conclusion of contract

The Client books a corresponding service with the Contractor. The Contractor accepts this booking by means of a booking confirmation. A booking can be made in person, by e-mail, by contact form or via the Contractor's website.

In any case, the contract is only concluded when the Contractor confirms the Client's booking. The Client's booking is binding. The Client shall be informed of the terms of payment and the Contractor's services with the booking confirmation.

The Contractor's offers are non-binding. Acceptance, additions, amendments and ancillary agreements require written confirmation by the Contractor.

The Contractor is entitled to refuse a service contract without giving reasons, e.g. if the Contractor cannot or may not provide the service due to its specialization or for legal reasons. In this case, the Contractor's fee claims for the services rendered up to the point of refusal shall remain unaffected.

The offer sets out the specific content of the service, the obligations of the parties and the terms of delivery and payment ("service description"). A subsequent change is not part of the service and will be invoiced separately if required.

The services offered may be one-off services and/or services to be provided regularly within the framework of a fixed term.

§ 3 Content of the service contract

The Contractor shall provide its services to the Client in such a way that it applies its knowledge and skills in the above-mentioned areas. The subjectively expected success of the Client cannot be promised or guaranteed.

The Client undertakes to use the information material, reports and analyses produced by the Contractor as part of the service only for its own purposes. The Client shall receive the exclusive and non-transferable right to use them. All documents and tables are either personal and cannot be used by third parties or are created by the Contractor individually for the Client.

All of the Contractor's documents are protected by copyright. This applies both to content on the Contractor's website and to other documents. The Client is not entitled to reproduce, distribute or publicly reproduce such documents. The Client is also not entitled to make image, film or sound recordings of the methods of the service without the express permission of the Contractor.

No liability is assumed for the accuracy of technical data and other information in third-party documents. Furthermore, they shall not be deemed warranted characteristics within the meaning of the BGB.

§ 4 Performance of the service

The service is based on cooperation. The Client is not obliged to implement the recommendations made. The Client acknowledges that all steps and measures taken by him in the context of the provision of the service are his own responsibility. The Client is responsible for providing a correct e-mail address and for regularly checking its e-mails.

The Contractor shall be entitled to postpone the performance of a service if it or a third party service provider engaged by it is prevented from performing the service on the agreed date, e.g. due to riots, strikes, lockouts, natural disasters, storms, traffic obstructions or illness, which prevent the Contractor from performing the service on the agreed date through no fault of its own. In this case, the Client shall not be entitled to compensation.

The illustration and description of the service on the Contractor's website are for illustrative purposes only and are only approximate. No guarantee is given for complete compliance.

The Contractor is entitled to make adjustments to the content or process of the service for technical reasons, for example if there is a need to update or further develop the content of the service, provided that this does not result in a significant change to the content of the service and the change is reasonable for the Client.

The Client has a duty to cooperate insofar as this is necessary for the proper performance of the services. The exact obligations and requirements are set out in the individual contracts.

§ 5 Client’s Obligations to Cooperate

The Client agrees to provide all necessary cooperation required for the proper performance of the services. This includes, in particular, the provision of all relevant information, documents, and, where applicable, access authorizations.

If it is necessary for certain preparatory work to be carried out by the Client or by third parties commissioned by the Client, the Client must complete such work in a timely and proper manner so that the Contractor’s work can be performed without delay. The Client shall inform the Contractor immediately upon completion of such preparatory work.

Delays or additional expenses resulting from a breach of the Client’s duty to cooperate shall be borne by the Client. In such cases, the Contractor reserves the right to invoice the Client for any additional costs incurred as a result of the delays or additional expenses.

The Client must immediately inform the Contractor of any circumstances that could hinder or delay the provision of services. This applies in particular to unforeseeable events or changes in the work environment.

If the Client fails to fulfil his obligations to cooperate and this prevents the performance of the services, the Contractor is entitled to withdraw from the contract and to invoice the Client for the expenses incurred. Further claims by the Contractor remain unaffected.

§ 6 Payment

Payment must be made to the Contractor by the Client immediately after completion of the service using the means of payment specified in the invoice. Payment is due immediately upon booking and receipt of the invoice by e-mail. The payment term is 14 days from the date of the invoice, unless otherwise agreed.

All prices on the website or in the Contractor's offer are listed as net prices plus the applicable statutory VAT.

The Client shall be in default if the payment deadline stated on the invoice or the agreed payment deadline is not met. In the event of default, the Contractor shall be entitled to charge default interest, reminder fees and the default lump sum in accordance with §§ 288 I, II BGB. Furthermore, the Contractor reserves the right to suspend services to be provided regularly in the event of default without losing the right to the agreed consideration from the Client.

The Contractor reserves the right to increase the prices for services agreed in the service description appropriately after expiry of the agreed term. An increase is possible for the first time after expiry of the initial contract term.

§ 7 Term and termination

The term of the service contract is determined by the respective contract. If it is a one-off provision of a service, this is noted in the contract and the following paragraphs of § 7 are not applicable.

Ordinary termination of the service contract must be made in writing to the contractual partner at least one month before the end of the respective contract term.

The right to extraordinary termination remains unaffected.

If the contractual relationship is not terminated by one month before the end of the respective term, it shall always be extended by the original term.

After the end of the regular term, the notice period is one month until the end of the extended term. Cancellation must also be made in writing.

Cancellations of current orders require the written consent of both contracting parties. The Contractor may demand reasonable compensation for services already rendered or costs incurred.

§ 8 Property rights

All rights to the results of the service in connection with the Contractor's work for the Client, in particular all rights of use under copyright law, all design rights, all trademark and labeling rights and other intellectual property rights (including all stages of development), shall belong exclusively and without restriction to the Contractor.

The Client hereby transfers to the Contractor the exclusive, temporally, spatially and substantively unrestricted rights of use at the time of the creation of the results.

The Contractor shall permanently retain the right to its logo and brand. The Contractor's brand and logo may not be used by the Client without the Contractor's consent.

The intellectual property rights, copyrights and ancillary copyrights to project-specific adaptations and developments shall remain with the Contractor, unless expressly agreed otherwise. The Client only acquires the right to use them to the agreed extent.

§ 9 Confidentiality

The parties should treat all business secrets and other information of the other party marked as confidential (hereinafter referred to as "Confidential Information") as confidential. The receiving party ("Recipient") shall treat the Confidential Information with the same care as it treats its own confidential information of the same sensitivity, but at least with the care of a prudent businessman.

Any use of the Confidential Information shall be limited to use in connection with this Agreement. Confidential information may not be disclosed to third parties without the prior consent of the disclosing party. Consent must be given in writing. No third parties within the meaning of this paragraph are affiliated companies of the parties and consultants who are obliged by law to maintain confidentiality.

To the extent required by applicable law, the Recipient is also entitled to disclose and transfer confidential information. To the extent permitted by law, the Recipient shall inform the disclosing party before disclosing confidential information.

The parties shall impose on their employees or third parties to whom they disclose confidential information a confidential treatment of this information within the framework of the respective subcontractor and employment relationships with the proviso that the obligation to maintain confidentiality shall continue beyond the end of the respective subcontractor or employment relationship, unless a corresponding general obligation to maintain confidentiality already exists.

Excluded from the obligation of confidentiality is information that

was already generally known when the contract was concluded or subsequently became generally known without breach of the confidentiality obligations contained in this contract;

the Recipient has developed independently of this contract; or

the Recipient has received from third parties or outside this contract from the disclosing party without an obligation of confidentiality.

The burden of proving the existence of the exceptions set forth in this paragraph shall be on the party invoking the exception.

Upon termination of this Agreement, the Parties shall release or delete any Confidential Information in their possession to the other Party upon request of such Party. This does not apply to Confidential Information for which there is a longer statutory retention obligation or to data backups as part of normal backup processes.

The Contractor shall be entitled to use knowledge gained from experience, such as ideas, concepts, methods and know-how, which is developed or disclosed in the course of the performance of the contract, and which is stored in the memory of the persons employed to provide the service. This shall not apply if this infringes the Client's industrial property rights or copyrights. The obligation to maintain confidentiality remains unaffected by this.

§ 10 Liability and warranty

The Contractor shall be liable to the Client in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

In other cases, the Contractor shall only be liable - unless otherwise regulated in paragraph (3) - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Client may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the Contractor's liability is excluded, subject to the provision in paragraph 3.

Liability for damages resulting from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

The Contractor shall protect its clients against cybercrime to the best of its ability. Unfortunately, this cannot always be prevented. For damages incurred by the Client as a result of such cybercrime, the exclusion of liability in paragraphs (1) – (3) shall also apply with the exceptions stated.

With the exception of the previous paragraphs, the Contractor shall not be liable for damages caused by the services provided, unless they are based on gross negligence or intent. In this context, the Contractor assumes no liability for loss of profit, loss of data or other indirect damage.

§ 11 Data protection

The parties shall comply with the applicable data protection laws.

If and insofar as the Contractor processes personal data of the Client on behalf of the Client in the course of providing the service, the parties shall conclude a standard market agreement on the processing of data on behalf of the Client in accordance with Art. 28 GDPR before processing begins.

The Client consents to the Contractor processing and storing the data required for the provision of the services. Data will only be passed on to third parties with the express consent of the Client or due to legal obligations.

The Contractor's separate data protection provisions under the following link also apply: the privacy policy of this website (see link in the footer)

§ 12 Final provisions

Should individually provisions of the GTC be or become invalid or void, this shall not affect the validity of the GTC as a whole. Rather, the invalid or void provision shall be replaced by a provision in free interpretation which comes closest to the purpose of the contract or the intention of the parties.

The law of the Federal Republic of Germany shall apply.

Amendments and supplements to the GTC must be made in writing to be effective. Verbal collateral agreements do not exist.

The place of jurisdiction for all disputes arising from the contractual relationship shall be the Contractor’s place of business, to the extent permitted by law.