Terms & Conditions

Studio Deiss — André Deiss
Leutenbergstraße 19, 78532 Tuttlingen, Germany
VAT ID No.: DE245721368
Contact: [email protected]

As of: 15 June 2026

§ 1 Scope of Application, Business-to-Business Only

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts, deliveries and services between André Deiss, trading as "Studio Deiss" (hereinafter the "Contractor"), and its clients (hereinafter the "Client") that have as their subject matter the production of cinematic product videos, video ads, user-generated content (UGC) and related audiovisual services.

(2) The Contractor's offers and services are directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal persons under public law and special funds under public law. They are not directed at consumers within the meaning of § 13 BGB (German Civil Code). By placing an order, the Client confirms that it is acting in the exercise of its commercial or independent professional activity.

(3) These GTC apply exclusively. Conflicting, deviating or supplementary general terms and conditions of the Client shall not become part of the contract unless the Contractor has expressly consented to their validity in writing. This shall also apply where the Contractor performs the service without reservation in the knowledge of conflicting or deviating terms and conditions of the Client.

(4) These GTC also apply to all future business with the Client without the need for renewed incorporation, insofar as the transactions are of a related nature and the GTC have been made accessible to the Client in their respective applicable version.

§ 2 Conclusion of Contract, Offer

(1) The Contractor's offers are subject to change and non-binding unless they are expressly designated as binding. Presentations, sample works and price statements on the website (e.g. "from €497") do not constitute a binding offer but rather an invitation to submit an enquiry.

(2) The Client may enquire about or commission a service by email, via a contact form, by accepting an offer or in any other text form. A contract is concluded only upon the Contractor's order confirmation issued in writing or in text form, or by the commencement of performance of the service.

(3) The scope and content of the service shall be governed by the respective individual offer or the Contractor's order confirmation. In the event of conflicts, the following order of precedence applies: (a) individual written agreement, (b) offer/order confirmation, (c) these GTC.

(4) There are no verbal side agreements. Amendments and supplements to the contract require text form (§ 126b BGB (German Civil Code)).

§ 3 Description of Services

(1) The Contractor provides services in the field of audiovisual production, in particular the conception, production and post-processing (post-production) of cinematic product videos, video ads, UGC content and comparable works.

(2) The specific scope of services (including, among other things, the number of videos, length, formats, resolution, aspect ratios, number of edit versions, delivery formats as well as any additional services such as music, voice-over, subtitles or animations) is determined conclusively by the respective offer or order confirmation.

(3) The Contractor is free in the creative and technical implementation within the framework of the agreed performance objective. The selection of production means, techniques, tools and creative resources is at the Contractor's discretion, unless expressly agreed otherwise.

(4) The Contractor is entitled to engage subcontractors and third parties to provide the services. In this case, the Contractor remains the Client's contractual partner and is responsible for the services of its subcontractors as for its own services.

(5) No particular advertising effect, reach, sales or marketing success or any particular performance of the productions is owed or warranted.

§ 4 Client's Duties to Cooperate and to Provide Materials

(1) The Client shall provide the Contractor with all information, documents, specifications and materials required for the provision of the services in good time, in full and in a suitable form. This includes in particular products/samples, briefings, logos, fonts, brand guidelines (CI/CD), texts, image and audio material, as well as any approvals.

(2) The Client ensures and warrants that it holds all necessary rights, licences and consents to all materials it provides (e.g. trademarks, logos, images, music, texts, product designs) as well as with regard to all persons, products and premises depicted or audible. This includes in particular the data protection and personality rights consents of the persons depicted (e.g. employees, models, UGC creators), including the necessary model releases pursuant to § 22 KUG (German Art Copyright Act) or Art. 6 GDPR. The use of the materials provided within the agreed scope must not infringe any rights of third parties (in particular copyright, trademark, personality or data protection rights).

(3) The Client shall indemnify the Contractor against all claims of third parties asserted against the Contractor due to a legal infringement caused by materials or specifications provided by the Client, including reasonable costs of legal defence. This does not apply insofar as the Contractor is responsible for the legal infringement.

(4) If the Client fails to fulfil its duties to cooperate, or fails to do so in good time or properly, agreed dates and deadlines shall be extended appropriately. Any additional work and additional costs arising as a result (e.g. waiting times, repetitions, rescheduling) shall be borne by the Client; any remuneration claim of the Contractor remains unaffected.

(5) The Client is itself responsible for backing up the data it provides.

§ 5 Prices and Payment Terms

(1) All prices are understood to be net in euros plus the applicable statutory value-added tax. The prices stated in the offer or order confirmation are decisive.

(2) Travel, accommodation, material, licence and other external costs as well as out-of-pocket expenses shall, unless expressly stated as included, be reimbursed separately.

(3) Advance payment. The Contractor is entitled to demand an advance payment of up to 100% of the net order value; the specific amount shall be agreed individually. Production shall not commence until the agreed (advance) payment has been received.

(4) Payment term. Invoices are due immediately upon receipt/delivery of the invoice without deduction.

(5) The Client shall be in default without further reminder if it does not pay within the payment term. During the default, the monetary debt shall bear interest at the statutory default interest rate for payment claims between entrepreneurs (9 percentage points above the base interest rate, § 288 para. 2 BGB (German Civil Code)). The Contractor is furthermore entitled to claim a flat fee of EUR 40 (§ 288 para. 5 BGB (German Civil Code)) as well as further damages caused by the default.

(6) The Client may only set off against such counterclaims as are undisputed or have been finally and legally established, or which stand in a legal reciprocal relationship to the Contractor's claim (in particular claims arising from defects in the same service). The Client may only exercise a right of retention insofar as it is based on the same contractual relationship; the right of retention based on connected counterclaims remains unaffected.

(7) If the Client is in default with a due payment, the Contractor is entitled to suspend ongoing work and to refuse delivery as well as the granting of usage rights (cf. § 9) until full payment.

§ 6 Dates, Delivery and Acceptance

(1) Dates and delivery deadlines are binding only if they have been expressly confirmed as binding by the Contractor in text form. Otherwise, date statements are non-binding approximate indications.

(2) A prerequisite for compliance with deadlines is the timely and complete fulfilment of the Client's duties to cooperate (§ 4) as well as the receipt of any (advance) payment (§ 5).

(3) Delivery of the finished productions is generally made digitally (e.g. via download link or cloud transmission) in the agreed file formats. Raw/source files, project files and unused raw material are not part of the delivery unless expressly agreed.

(4) Insofar as the service constitutes a contract for work and services (Werkvertrag), the Client is obliged to accept the service as soon as it has been provided in accordance with the contract. The Contractor may request the Client to accept the service upon completion. The service shall be deemed accepted if the Client does not, within ten (10) working days after provision of the delivery and the request for acceptance, either accept it or refuse acceptance in text form specifying at least one material defect in concrete terms. The Contractor shall draw the Client's attention to this effect of silence separately in the request for acceptance (§ 640 para. 2 BGB (German Civil Code)).

(5) The use of the production for its intended purpose (e.g. publication or further processing) shall be deemed acceptance only if the remuneration pursuant to § 9 para. 1 has been paid in full and the Client is thereby entitled to use it. Any use that takes place before full payment and is impermissible under § 9 para. 1 does not constitute acceptance.

§ 7 Correction Rounds, Change Requests and Additional Work

(1) Up to three (3) correction rounds are included in the production price. A correction round comprises the Client's consolidated feedback in a single pass.

(2) Correction requests must be communicated in consolidated form, unambiguously and in text form. Late, contradictory or iteratively submitted change requests may be treated as an additional correction round.

(3) Each further correction round beyond the three (3) included correction rounds shall be charged at 50% of the production price. If, in total, only a single further correction round is required, the surcharge for this shall amount to one third (1/3) of the production price.

(4) Additional services beyond the agreed scope (in particular change requests, subsequent changes to the concept, changes to the scope/objective as well as other additional services) shall be charged on a time-and-materials basis at €150 net per hour.

(5) Fundamental changes requested after the approval of a version or after the completion of a production phase (e.g. new edit, reshoot, replaced material) always constitute additional work within the meaning of paragraph 4.

§ 8 Own and Tool-Assisted Assets, Third-Party Rights (Music, Voices, Stock)

(1) The Contractor may use its own resources, licensed third-party content (e.g. stock material, music, sounds, fonts) as well as computer-, software- and tool-assisted production and editing processes to create the productions, unless expressly agreed otherwise.

(2) Insofar as the productions contain third-party content (e.g. licensed music, sounds, voices, font or image material), the respective licence terms of the rights holders apply. The Client's usage rights granted under § 9 exist in such third-party content only within the framework and limits of the underlying licence. The Client will be informed of any existing usage restrictions insofar as these are relevant to the agreed use.

(3) If the Client wishes to use third-party content beyond the procured licence (e.g. extended reach, additional channels, longer term, paid media on a larger scale), extended licences may be required for this, the costs of which shall be borne by the Client.

(4) The Contractor shall ensure, within the bounds of what is reasonable, that the content and processes used are suitable for the agreed use. No further warranty is assumed for legal usability in types or territories of use that have not been agreed. The statutory warranty (§ 12) and the liability provision (§ 13) for the contractually agreed use remain unaffected by this.

§ 9 Usage and Exploitation Rights (Core Provision)

(1) Reservation of rights until full payment. Until full payment of the remuneration owed for the respective production (including any additional work and out-of-pocket expenses), all rights in the productions — including all copyright, usage and exploitation rights — remain exclusively and entirely with the Contractor (Studio Deiss). Prior to full payment, the Client acquires no rights whatsoever in the productions and, until then, is not entitled to use, reproduce, distribute, make publicly accessible or publish them.

(2) Transfer of rights upon full payment. Upon full payment of the remuneration owed, the Contractor grants the Client the usage rights to the productions that are the subject of the contract. Subject to a deviating agreement in the offer and subject to the restrictions arising from § 8 (third-party content), the usage rights are granted unlimited in terms of content, time and territory as well as as a simple (non-exclusive) right for the advertising purpose pursued by the Client. This covers in particular the use for advertising the Client's own products and brand across all channels, namely online and social media use, paid media/advertising, website, the Client's own presentations, trade fairs and point of sale, as well as — insofar as provided for in the offer — TV/broadcast, in each case unlimited in time and territory. The grant is subject to the condition precedent of full receipt of payment (§ 158 para. 1 BGB (German Civil Code)).

(3) No resale / no sublicensing. The Client may not resell the productions and may not further licence, sublicence or transfer them to third parties for independent exploitation. The rights granted under paragraph 2 entitle the Client exclusively to use them for the Client's own purposes (including the advertising of the Client's own products/brand). A transfer of the rights to third parties or the granting of usage rights to third parties is permissible only if a separate (agency) agreement has been concluded with the Contractor in text form regarding this.

(4) Clarification regarding the agency scenario. If the Client commissions the service as an agency, service provider or intermediary for an end client, the passing on of the productions or usage rights to the end client requires an express separate agreement in text form; without such an agreement, paragraph 3 applies.

(5) Editing. Editing, redesigning or shortening of the productions (beyond the use provided for in the contract) is permitted to the Client only with the Contractor's prior consent, unless editing rights have been expressly granted in the offer. The statutory limits (in particular the Contractor's moral rights as author) remain unaffected.

(6) Attribution of authorship. The Client is under no obligation to name the Contractor as the author; the Client is entitled to use the productions without attribution of authorship. The Contractor's right to reference use under § 10 as well as the inalienable moral right of authorship (§ 13 UrhG (German Copyright Act)) remain unaffected. Deviating agreements on the attribution of authorship may be made in the offer.

(7) Reservation. All rights not expressly granted remain with the Contractor. Raw material, project and source files are not covered by the grant of rights.

(8) Insofar as the productions contain third-party content, the restrictions arising from § 8 apply in addition.

§ 10 Reference Use and Self-Promotion

(1) The Contractor is entitled to name and show the productions created for the Client as well as the Client's name and logo for the purposes of self-promotion as a reference, in particular in its own portfolio, on its website, on social networks, in showreels and in presentations.

(2) This right exists unless expressly agreed otherwise in text form. The Client may object to the reference use for good cause (e.g. confidentiality interests); in this case, the parties shall reach agreement on the scope of the naming.

(3) Any blocking period (e.g. until the first publication by the Client) may be agreed separately.

§ 11 Cancellation and Termination

(1) Orders placed are binding; a cancellation or withdrawal by the Client is generally excluded. The declaration requires text form.

(2) A cancellation is only possible — and an (advance) payment made is only to be refunded (proportionately) — if the Contractor delivers no service or no video at all. Services already commenced or delivered shall in any case be remunerated.

(3) Services already rendered, external and licence costs incurred, as well as non-cancellable bookings (e.g. locations, service providers) shall in any case be remunerated or reimbursed.

(4) The right of both parties to terminate for good cause (extraordinary termination) remains unaffected. Good cause for the Contractor exists in particular if the Client is significantly in default with due payments or persistently breaches its duties to cooperate despite the setting of a deadline.

(5) In the event of cancellation, an (advance) payment made shall be set off against the amount owed pursuant to the preceding paragraphs.

§ 12 Inspection, Notice of Defects and Warranty

(1) The Contractor warrants that the productions have the contractually agreed quality. The agreed scope of services is decisive; differences in creative opinion do not constitute a defect.

(2) The Client shall inspect the service without undue delay after delivery or acceptance. Obvious or recognisable defects must be notified without undue delay, at the latest within seven (7) days of delivery, in text form, specifying the defect in concrete terms; hidden defects must be notified in text form without undue delay after their discovery. If the Client fails to give timely notice, the service shall be deemed approved (§ 377 para. 2 HGB (German Commercial Code)).

(3) In the case of a justified and timely notice of defects, the Contractor first has the right to subsequent performance (rectification). If subsequent performance fails after a reasonable period or is refused, the Client may, in accordance with the statutory provisions, reduce the price or withdraw from the contract; claims for damages are governed by § 13.

(4) Claims for defects become time-barred after twelve (12) months from delivery or acceptance (permissible shortening of the limitation period in commercial dealings). This does not apply in the case of intent or fraudulent concealment of a defect, nor in the case of damages arising from injury to life, body or health; in this respect, the statutory periods and claims shall remain applicable.

(5) Defects based on materials, specifications or approvals provided by the Client are excluded from the warranty, insofar as the Contractor is not responsible for the defect.

§ 13 Liability

(1) The Contractor shall be liable without limitation for damages arising from injury to life, body or health that are based on a breach of duty by the Contractor or its vicarious agents, as well as for damages based on intent or gross negligence, and furthermore under the Product Liability Act (Produkthaftungsgesetz) and to the extent of a guarantee assumed.

(2) In the event of the slightly negligent breach of a material contractual obligation (cardinal obligation) whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Client regularly relies and may rely, the Contractor's liability is limited to the foreseeable damage typical of the contract.

(3) Otherwise, the Contractor's liability for slight negligence in the breach of non-material contractual obligations is excluded. Liability for gross negligence and intent, as well as in the cases of paragraph 1, remains unaffected even in the case of the breach of non-material contractual obligations.

(4) Exclusion of liability for the use and effect of the productions. The Contractor is not liable for damages arising from the use, publication, distribution or effect of the delivered videos or content — in particular for consequences under competition, trademark, copyright, statement (defamation) or advertising law, as well as for economic, indirect and consequential damages of any kind and to any extent. The substantive review, release and responsibility for the use and publication of the productions lie exclusively with the Client (cf. § 4). This exclusion of liability does not apply in the case of intent and gross negligence, in the case of culpable injury to life, body or health, in the case of the breach of material contractual obligations (cardinal obligations; in which case liability is limited to the foreseeable damage typical of the contract), or insofar as liability is mandatory (e.g. under the Product Liability Act). The liability limitations of paragraphs 1 to 3 shall continue to apply alongside this; in the event of any conflict, the provision more favourable to the Client shall apply in each case.

(5) Liability beyond that provided for in the preceding paragraphs is excluded, unless mandatory statutory provisions provide otherwise. The preceding provisions do not entail any change in the burden of proof to the Client's detriment.

(6) Insofar as the Contractor's liability is limited or excluded under the preceding paragraphs, this also applies to the personal liability of its legal representatives, employees and vicarious agents.

(7) The Contractor is not liable for legal consequences arising from the Client's use of the productions outside the agreed scope (cf. § 9) or in breach of the duties to cooperate (§ 4).

(8) The Contractor is not liable for the advertising, economic or reach-related success of the productions.

§ 14 Default by the Contractor

(1) If the Contractor is in default with a bindingly agreed service, the Client shall grant the Contractor a reasonable grace period for performance.

(2) If the grace period expires without result, the Client is entitled, in accordance with the statutory provisions, to withdraw from the affected part of the service and/or to claim damages in accordance with § 13. Further statutory rights of the Client remain unaffected.

§ 15 Force Majeure

(1) Events of force majeure that substantially impede or render impossible the Contractor's performance shall release the Contractor from the obligation to perform for the duration of the disruption and to the extent of its effect; the Contractor's performance obligations are suspended for the duration of the disruption. Force majeure includes in particular natural disasters, epidemics/pandemics and official measures, war, riot, strike, lockout, energy and raw material shortages, failure of communication networks or IT systems, as well as other unforeseeable events for which the Contractor is not responsible.

(2) Agreed dates and deadlines shall be extended by the duration of the disruption plus a reasonable restart period. The Contractor is not liable for delays or non-performance caused by force majeure. The Contractor will inform the Client without undue delay of the occurrence of force majeure.

(3) If the disruption lasts longer than 30 days, the Contractor is entitled to withdraw from the contract in whole or in part, without any claims arising for the Client as a result. Services already rendered are to be remunerated.

§ 16 Data Protection, Confidentiality

(1) The Privacy Policy applies to the processing of personal data.

(2) Confidential information shall be treated confidentially by both parties. Both parties undertake to treat confidential information of the respective other party that becomes known to them in the course of the collaboration as confidential and not to pass it on to third parties without authorisation. The reference provision in § 10 remains unaffected by this.

(3) Insofar as the Contractor processes personal data of third parties on behalf of the Client, the parties shall, where necessary, conclude a data processing agreement (Art. 28 GDPR).

§ 17 Retention, Archiving and Data Backup

(1) Following delivery or acceptance, the Contractor is not obliged to retain or archive project data, raw material, project files, intermediate versions or delivered works; these may be deleted at any time and without prior notice.

(2) The Client is solely responsible for backing up and archiving the delivered files. There is no claim to renewed provision after deletion.

§ 18 Final Provisions

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is — insofar as the Client is a merchant, a legal person under public law or a special fund under public law — Tuttlingen. The Contractor is also entitled to bring an action at the Client's general place of jurisdiction.

(3) The place of performance for all services is Tuttlingen, unless otherwise agreed.

(4) The assignment of the Client's rights or claims arising from this contractual relationship to third parties requires the Contractor's prior consent in text form. Consent may not be unreasonably withheld; § 354a HGB (German Commercial Code) remains unaffected.

(5) Amendments and supplements to this contract as well as side agreements require text form. This also applies to the waiver of the text form requirement. Individual agreements (§ 305b BGB (German Civil Code)) take precedence.

(6) Severability clause: Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. The statutory provisions shall take the place of invalid or unenforceable provisions (§ 306 para. 2 BGB (German Civil Code)). The same applies to any gaps in the provisions.

Studio Deiss — André Deiss · Leutenbergstraße 19 · 78532 Tuttlingen · VAT ID No. DE245721368 · [email protected]

As of: 15 June 2026