1.1 Scope of application
The Spotwatch-TV-Spotter-Tool is a service offered by Spotwatch GmbH, represented by the managing director Ralf Zmölnig, Lutzstraße 2, 80687 Munich.
These terms and conditions apply to the use of Spotwatch’s offers and govern the services to be provided by Spotwatch as well as the powers and obligations of the customers of these offers (“customers”), regardless of whether a contract is concluded online or offline and regardless of whether the customer submits his own terms and conditions.
1.2 Spotwatch offer
Spotwatch offers TV media data (“Data”) to its customers via a .csv file. The structure of the service spectrum is agreed upon between Spotwatch and the client and is described in a modular way on the Spotwatch website.
These terms and conditions apply exclusively to companies in terms of §§ 14, 310 paragraph 1 BGB.
2. Registration as customer
In addition to direct orders at Spotwatch, the customer has the possibility to create an own user account and thus register as a customer to the Spotwatch data provision system. The data required for the creation of the user account, must be provided by the customer completely and truthfully. Subsequent changes to the personal data of the customer are to be entered by the customer on his own responsibility. The password chosen by the customer is to be kept secret under all circumstances and is not to be disclosed to third parties.
3.1 Conclusion of contract
The contract is concluded by electronic order of the customer. By registering in accordance with the above paragraph 2, the customer declares his general agreement with these General Terms and Conditions. In case of online orders, the customer accepts Spotwatch’s offer at the end of the ordering process by clicking the button “order subject to payment”. Spotwatch will confirm the conclusion of the contract to the customer by sending an appropriate e-mail.
3.2 Prices, terms of payment
For the services of Spotwatch, the prices that apply at the time of the order are valid. The deduction of a discount is excluded. The fulfillment of the customer’s payment obligation by offsetting is only effective if the customer’s counterclaim is legally established, undisputed or recognized by Spotwatch.
Payments are due within 10 days after receipt of invoice, either in writing or by e-mail
4. Restrictions on disposal
The customer is obliged to use the Spotwatch TV spotter tool only for his own use and not to distribute or sell the transmitted data or to allow third parties access to the data. By concluding a contract according to these terms and conditions, Spotwatch hereby grants the customer the non-exclusive, non-transferable right to use the data provided for his own business purposes. The customer may also temporarily store and archive the provided data/services
5. Availability and liability
Spotwatch does not warrant or represent that the data offered will meet the customer’s requirements, be uninterrupted, secure or error-free. The exploitation, interpretation, analysis and further use of the contractual data is solely within the risk sphere of the customer.
Spotwatch reserves the right to make changes to the data services, especially during the course of further developments, as long as the agreed performance data is achieved and the changes are reasonable for the customer.
Spotwatch is liable for damages in case of culpable injury to life, body or health as well as in cases of intentional or grossly negligent acts according to the statutory provisions.
The liability of Spotwatch for damages caused by slight negligence is limited to essential contractual obligations, i.e. those obligations whose fulfillment is essential for the proper execution of the contract, whose non-fulfillment would jeopardize the purpose of the contract and on whose compliance the customer regularly relies.
6. Data protection
The customer is obliged to collect, process and use the data obtained through the use of the services of Spotwatch only in accordance with the applicable data protection regulations.
7. Amendment of the General Terms and Conditions
The customer will be informed of any changes to these general terms and conditions in an appropriate manner. If the customer objects to the changes within 14 days of notification, the General Terms and Conditions of Business valid at the time of conclusion of the contract shall remain valid until the respective contractual relationship ends. If the customer does not object to the changes within a period of 14 days after notification, the changed General Terms and Conditions of Business shall become effective from this point in time and shall be decisive for the contractual relationship from this point in time.
8. other provisions
Any deviation from these conditions must be made in writing.
Place of performance and jurisdiction is the seat of Spotwatch, if the customer is a merchant. However, Spotwatch is entitled to sue the customer at any other legal venue.
German law applies to the exclusion of UN sales law.
The possible invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions. Ineffective or void provisions shall be replaced by such provisions that come closest to the economic intent in terms of content and purpose. The same applies to possible regulatory gaps.