Terms of use

1. general and scope

1.1 The subject of these Terms of Use (hereinafter referred to as "TOU") is the use of the software "nele.ai" and the functions, websites, services and content associated with nele.ai (hereinafter collectively referred to as "nele.ai"). The TOU apply regardless of the domains, systems, platforms and devices (e.g. desktop or mobile) used on which nele.ai is executed.

1.2 The provider of nele.ai is GAL Digital GmbH, Unter den Linden 26, 35410 Hungen-Obbornhofen, Germany, Imprint: https://www.gal-digital.de/de/impressum,(hereinafter referred to as "GAL Digital GmbH").

1.3 By using nele.ai, users agree to these TOU.

1.4 Individual agreements or rules for special services or service areas, in each case if effectively included, shall become part of the contract with the users and shall take precedence in the event of a contradiction to these TOU.

2. definitions of terms

2.1 The term "AI" or "AI software" as used herein means processes designed to understand and generate natural language and related input and data, analyze information, and make predictions.

2.2 The term "content" used in the following shall mean all materials, information, files and data such as photographs, graphics, logos, videos, texts, information about places and persons as well as links uploaded, transmitted or otherwise posted by the users.

2.3 The term "user" includes both customers and test users of the software associated with nele.ai, its functions and associated websites, apps and other usage options provided by GAL Digital GmbH. The terms used, such as "user", are to be understood as gender-neutral.

2.4 "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.

2.5 "Entrepreneur" within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

3. restriction to users acting in a businesslike manner

3.1 The offer of nele.ai is directed exclusively at users acting in a businesslike manner (hereinafter referred to as "entrepreneurs") and not at consumers.

3.2 Consumers are prohibited from using nele.ai.

3.3 By using the services of nele.ai, users declare that they are entrepreneurs and not consumers. GAL Digital GmbH reserves the right to verify that the user is not a consumer (e.g. verification of address data, business registration or VAT identification number).

4. subject matter of the contract and basis of the use of nele.ai

4.1 GAL Digital GmbH offers nele.ai, a software that enables users to integrate AI software and create AI content via API access to AI-based services in various deployment scenarios.

4.2 The user's input is not transmitted directly to the AI providers, but processed on the servers of GAL Digital GmbH. The processing is carried out to fulfill the contractual obligations of GAL Digital GmbH, which include in particular the storage of user input and the filtering of content.

4.3 The user's entries are stored on the servers of GAL Digital GmbH. This includes in particular the requests (prompts) of the users. Subject to the functions provided by the providers, GAL Digital GmbH uses AI functions only with the proviso to the AI providers that the user inputs may not be stored with the AI providers or used for learning purposes.

4.4 The functions of nele.ai include the anonymization of user input. User input is processed by means of a filter prior to transmission to AI providers in order to filter out personal data and thus increase legal certainty in the use of AI services. It should be noted, however, that although this filter provides enhanced protection, it cannot guarantee complete anonymization in all scenarios (e.g., pure numbers, such as customer or ID numbers, may have a personal reference). Furthermore, the filter can be deactivated by users if necessary (e.g., searching for details of prominent people would not work if their name was removed).

4.5 Information on the respective AI providers used can be found in the overview provided as part of the order processing agreement: https://www.nele.ai/subcontractors.

5. further development and performance changes

5.1 The further development of nele.ai is an essential part of the service offer. The further development includes, among other things, the adaptation to the technical and legal progress and consideration of the requirements of the users for the use of nele.ai.

5.2 GAL Digital GmbH may modify nele.ai as well as partial functions of nele.ai within the scope of further development without this constituting a defect, provided that this is reasonable for the user and the achievement of the purpose of the contract is not jeopardized thereby. This shall apply in particular if

- The change is made for the benefit of the user;
- if the change serves to bring the services into compliance with applicable law, in particular if the applicable legal situation changes;
- if the change serves to comply with mandatory judicial or official decisions;
- insofar as the respective change is necessary to close existing security gaps;
- if the change is of a purely technical or procedural nature without any significant impact on the user. Changes with only an insignificant impact on previous functions do not constitute performance changes in this sense. This applies in particular to changes of a purely visual nature and mere changes to the arrangement of functions;
- if platform providers restrict or eliminate their interfaces.

6. registration and conclusion of contract

6.1 The conclusion of the contract takes place within the scope of a registration for nele.ai. By completing the registration process, the user makes an offer to conclude a contract for the use of nele.ai. GAL Digital GmbH accepts this offer by activating the user for the services of nele.ai that require registration.

6.2 The registration process requires that Users enter their e-mail address on the nele.ai website and request a free trial of nele.ai. Thereafter, users will receive a confirmation email, after which they will be asked to confirm nele.ai's terms and conditions. Registration creates a customer account. Users who carry out the registration process are referred to as "administrators".

6.3 Subsequently, "Administrators" have the possibility to invite further users from their company and to test nele.ai within a limited volume. Only users with the same email domain can be invited. For example, the administrator with the address max.muster@musterfirma.de can only invite users within his company with an email address ending with @musterfirma.de. If other email addresses are to be added, the administrator must contact support@nele.ai. All users together are referred to as a "team". When the trial volume is used up, this will be indicated to the administrator by email and in the customer account and application. The administrator can then store the payment information in their customer account on manage.nele.ai to continue using nele.ai.

6.4 The user assures that all data provided by him during registration are true and complete. The user may not use pseudonyms or stage names for registration.

6.5 Each user may register only once and create only one user profile. The contractual relationship is not transferable to other persons or companies. The user assures that at the time of registration he is of legal age or has unlimited legal capacity.

6.6 There shall be no claim to the conclusion of a contract. The option to use the applications offered on nele.ai for a fee does not constitute an offer, but only an invitation to submit an offer (invitatio ad offerendum). GAL Digital GmbH reserves the right to refuse registrations for factual reasons and in the case of companies without prior consultation and without giving reasons. The use of nele.ai may, if appropriate and reasonable, be subject to certain conditions, e.g. verification of registration data or contact and address data.

7. maintenance of access and contact data

7.1 The users guarantee that the information provided by them within and in the context of the registration for the use of nele.ai is true, that the contents are free of third party rights and that their actions are legally permissible according to the applicable legal situation.

7.2. nele.ai may generally only be used by as many persons as contractually agreed.

7.3 In the event of subsequent changes, the registration data, in particular address and contact data and other information in the user account must always be kept up to date. If a user cannot be reached due to incorrect data and if the inaccessibility lies in his area of responsibility or that of the third party (outdated address, mailbox is not read), the resulting disadvantages will be borne by him.

7.4 It is incumbent upon the users to exercise the greatest possible care when using access data to nele.ai and to take every measure to ensure the confidential, secure handling of the data and to prevent its disclosure to third parties. Users are responsible for the misuse of access data if they violate these protective obligations.

7.5 Users are obliged to inform GAL Digital GmbH immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing a user account.

7.6 We reserve the right to take technical measures to prevent any violation of the aforementioned rules for the protection and use of the user account.

8. use subject to payment, invoicing, terms of payment

8.1 The billing of the use of nele.ai shall be based on the volume of use (hereinafter referred to as "AI Volume"). The units of the AI volume are referred to as "credits", which can be purchased by the customers in "credits packages". During the use of nele.ai, Credits are deducted from the Credits Packs according to the AI Volume. The cost may vary depending on the AI model used. Administrators can view the used AI volume for themselves as well as for the whole team. Individual users can view their own AI volume.

8.2 Credits packages are billed monthly or pro rata monthly (hereinafter referred to as the "billing period"). Booked Credits Packages shall be automatically extended after the end of the month.

8.3 Customers may switch to a larger credits package (also referred to as "upgrade") at any time. A change to a smaller credits package (also referred to as "downgrade") is possible at the end of the month.

8.4 In case of a test use of nele.ai, the selected chargeable credits package will be booked after the free credit package has been used up, otherwise the credits package corresponding to the size of the test use. The credits of the test phase expire after a period of 7 days if they have not been used up. A renewed test use by the same company, organization, person or their employees is not permitted (in this case, the legally capable person is considered as the customer). The user account will be deactivated at the end of the test period and deleted after 7 days. The notified e-mail will be stored for the purpose of recognizing a renewed test use.

8.5. customers will be informed about the available pricing model as well as about the available credits packages and the calculation of the AI volume on the website https://nele.ai/preise.

8.6 Unless otherwise indicated, all price quotations are exclusive, i.e. plus value added tax.

8.7 Fees are generally due in advance for the respective billing period. Unless otherwise stated, invoices are due after two weeks.

8.8 Invoices and reminders may be sent electronically.

8.9 The User may settle invoices using the payment methods offered by GAL Digital GmbH.

8.10. The price structure and the costs for the use of nele.ai may be adjusted after the end of a billing period. Users will be informed of such a change at least two weeks before the end of the current billing period. If users do not agree with the change, they have the right to terminate their use of nele.ai at the end of the billing period. If no notice of termination is given and if users continue to use nele.ai after the price adjustment, the price adjustment shall be deemed accepted by the user.

8.11. If the user defaults on payments, GAL Digital GmbH shall have the right to refuse performance of due services to the customer and to restrict access to the user account and nele.ai until the default has been remedied. In such cases, GAL Digital GmbH shall give the customer notice of the restriction with a period of notice of 7 working days to remedy the default. The other legal and contractual rights of GAL Digital GmbH due to default of payment of the customer remain unaffected. The restriction may not take place if it is unreasonable and/or unreasonable for the user. GAL Digital GmbH's claim to remuneration shall remain unaffected by the restriction. Access to nele.ai shall be reactivated immediately after payment of the arrears. The right to restriction shall also exist as a milder means if GAL Digital GmbH has a right to extraordinary termination under these TOU.

8.12. Costs incurred by chargeback of a payment transaction due to lack of funds or due to incorrect data transmitted by users, as well as by reminders of due receivables, will be charged to the users, whereby only the costs actually directly incurred or legally awarded to GAL Digital GmbH (material costs and third-party fees, such as postage costs or chargeback fees) will be charged. The user reserves the right to provide evidence of no or lower costs.

8.13. Offsetting shall only be possible with claims already recognized by the other contracting party or established by a court of law, unless these are claims for main performance and defects. A right of retention may only be asserted for claims arising from the respective contract.

9. data protection and information obligations

9.1 The provisions on data protection and data security stated at https://www.nele.ai/de/datenschutz/ shall apply.

9.2 The User undertakes to enter into contracts and agreements provided for by law. This includes, in particular, order processing contracts pursuant to Art. 28 para. 3, p. 1 DSGVO, in the case of processing of data by GAL Digital GmbH on behalf of the customer. GAL Digital GmbH shall provide the customer with the corresponding contract template. The customer's own contract templates can only be taken into account in return for an appropriate review fee for the customer template.

9.3 It is incumbent upon the users to comply with the legal information or notice obligations concerning them with regard to the labeling of content that was created with AI or data that was processed with the help of the offer of GAL Digital GmbH. This applies to both existing and future legal obligations.

9.4 If GAL Digital GmbH provides the users with a template for the fulfillment of these information obligations, GAL Digital GmbH points out that these are only sample templates that are provided to the users without representing legal advice or a promise of legal validity in a specific application scenario of the users. It is the responsibility of the users to legally review the application of the sample texts with regard to the specific use.

10. granting of rights of use

10.1 Users grant GAL Digital GmbH rights of use to their legally protected content, which are necessary for the contractual provision of GAL Digital GmbH's contractual services (e.g. the right to reproduce the users' content in order to store it on the servers or to create server backups). GAL Digital GmbH shall exercise the rights only in compliance with the contractual and statutory confidentiality and data protection requirements. The rights are granted for an unlimited period of time until revocation or termination by the user and the end of the post-contractual relationship.

10.2 GAL Digital GmbH grants rights, in particular rights of use and exploitation, to the content generated by the AI software to the extent granted or transferred to it by the providers of the AI software vis-à-vis GAL Digital GmbH. GAL Digital GmbH does not restrict the rights of users to the content generated by the AI software.

10.3 Furthermore, the company names, logos and/or product names, brands or trademarks as well as graphics, images and texts protected by copyright and other laws made available to users in the context of the use of nele.ai may not be used without the consent of GAL Digital GmbH or the respective rights holder or outside the scope permitted by law.

11. use in accordance with the contract

11.1 GAL Digital GmbH points out that the users may only use nele.ai for the individual contractual purposes.

11.2 Furthermore, users are not entitled to rent, lend, lease, sell, modify or make nele.ai accessible to third parties in whole or in part in any technical form or to enable third parties to perform the aforementioned actions without express written consent. The above prohibitions are subject to mandatory legal requirements. Sublicenses may not be granted.

11.3 Users may only use nele.ai via the input masks and interfaces provided. Actions that are likely to impair the functionality of nele.ai, the software and infrastructure (e.g. scripts, robots, crawlers) are prohibited. In particular, excessive load that exceeds the regular usage intensity and frequency to be expected during normal use of nele.ai is prohibited.

11.4 Users may not upload content that contains copyrighted software and/or other copyrighted materials unless the User owns the appropriate rights thereto or has obtained the necessary consent from the owners of such rights.

11.5 GAL Digital GmbH reserves the right to take reasonable technical and legal measures to enforce the provisions of this section and to prevent misuse of nele.ai.

11.6 Violations of the above provisions may result in immediate termination of the contract, blocking of the user's access to nele.ai or claims for damages against the users.

12. contract term and termination

12.1 Free use - The user and GAL Digital GmbH may terminate the use of nele.ai in the test phase at any time and without giving reasons

12.2 Chargeable use as a subscription - The chargeable use shall initially run for the period of use booked by the user (hereinafter referred to as the "contract period"). Thereafter, the contract period shall be automatically extended by the same usage period if the subscription is not terminated by one of the contracting parties up to two weeks prior to the expiry of the usage period.

12.3 Premature termination by the user shall not give rise to any repayment claim against GAL Digital GmbH. Early termination by GAL Digital GmbH is only possible subject to a two-week notice period and reimbursement of the pro rata fee paid in advance for the duration of the contract. The calculation of the pro rata fee to be refunded shall be calculated pro rata temporis on the basis of the remaining term of the contract.

12.4 The right of both parties to terminate the contract without notice for good cause shall remain unaffected. Good cause for termination on the part of GAL Digital GmbH exists in particular if

- the user commits serious breaches of duty against the law or these TOU,

- insolvency proceedings are applied for or opened against the assets of the user or the opening is rejected for lack of assets or GAL Digital GmbH ceases its activities.

12.5 An extraordinary termination shall generally be preceded by a warning. The warning may be dispensed with if the warning is unreasonable for the contractual partner. This shall be the case in particular if the conduct of the contractual partner gives reason to expect further misconduct despite the warning.

12.6 If GAL Digital GmbH has terminated the contract for good cause in accordance with this section, the user shall not be entitled to a refund of the fees already paid.  

12.7 It is the responsibility of the users to back up their data before the end of the contract in the event of termination. GAL Digital GmbH is entitled to irretrievably delete all user data stored during the term of the contract.  

13. availability and warranty

13.1 Users who are entrepreneurs shall inspect the services of GAL Digital GmbH without delay and insofar as this is feasible in the ordinary course of business and, if a defect becomes apparent, shall notify GAL Digital GmbH thereof without delay. Defects must be reported immediately in writing (e-mail is sufficient) by providing a comprehensible description of the symptoms of the defect, as far as possible proven by written records, screenshots or other documents illustrating the defects. The user's statutory obligations to examine and give notice of defects shall remain unaffected.

13.2 Claims for damages shall be subject to the limitations set forth in Section 16 of these TOU ("Liability and Damages").

13.3 The User has no claim to uninterrupted availability of nele.ai. nele.ai shall, however, endeavor to provide the platform reliably. Maintenance, security or capacity work as well as events beyond the control of nele.ai (e.g. power failures, the overloading of nodes or interfaces provided by AI providers) may lead to the temporary discontinuation of the services offered by nele.ai.

13.4 Claims for defects shall not exist in the case of an insignificant deviation from the agreed or assumed quality or in the case of only insignificant impairment of the usability of the services of GAL Digital GmbH in accordance with the purpose of the contract. In particular, GAL Digital GmbH expressly assumes no warranty and liability for:

- false information provided by the user in relation to the user data submitted during registration or other data posted, uploaded or otherwise supplied by the user within nele.ai;

- uninterrupted availability of nele.ai or possible system or network related failures, interruptions or malfunctions of the installations or services of nele.ai, as far as these are beyond the control of GAL Digital GmbH; in particular not for failures due to force majeure or failure of communication networks and gateways;

- minor malfunctions and disturbances of nele.ai, which do not prevent the purpose of the contract;

- content and the creditworthiness of the users;

13.5 The limitation period for claims arising from defects shall be one year. The limitation period for other claims arising from defective performance shall be 6 months.

13.6 The limitations of warranty and liability obligations as well as the shortening of deadlines in this respect shall not apply in the event of mandatory consumer law recourse claims of the customer.

14. third-party software and interfaces

14.1 In the course of providing nele.ai, GAL Digital GmbH integrates software from third-party sources, i.e. software that is not operated on its own servers or otherwise under its own responsibility (hereinafter referred to as "third-party software"). Third-party software includes, in particular, software from AI providers. In this context, GAL Digital GmbH accesses the Third-Party Software via usage, programming and other interfaces of the providers of the Third-Party Software or the users (hereinafter "APIs", short for "Application ProgrammingInterfaces"). Conversely, and to the extent that it is within the scope of services and technically possible, the software of GAL Digital GmbH may enable access to nele.ai via APIs.

14.2 With regard to the APIs and the Third-Party Software, the scope of services is limited solely to the provision of the API in accordance with the technical specification, so that the provision of the Third-Party Software or its functions for the users is regularly enabled in accordance with the purpose of the contract. GAL Digital GmbH, on the other hand, does not assume any warranty for the availability, functionality and freedom from errors of the third-party software and the API provided by their providers or the users. In particular, GAL Digital GmbH assumes no responsibility in this context for the user's decision to use the third-party software or the API, the functionality of the third-party software, changes to the scope of services or subsequent restrictions that lead to incompatibilities with the APIs or limit their accessibility. Furthermore, GAL Digital GmbH assumes no liability in this context in particular for the content or information processed by means of the third-party software, in particular data created, transmitted or obtained, or for actions of third parties that are related to the third-party software.

14.3 If GAL Digital GmbH is prevented from providing the contractual services to a reasonable extent, not only temporarily, due to changes or restrictions to the third-party software or APIs, GAL Digital GmbH shall be entitled to offer the services by an alternative and reasonable means which, from the user's point of view, has a reasonably equivalent scope of services and corresponds to the purpose of the contract, or to terminate the provision of services on a pro rata basis from the time of the impossibility. Proportionate remuneration shall be paid for the services provided by GAL Digital GmbH up to this point in time.

14.4 The restrictions in this section apply without prejudice to the provisions on liability and damages in Section 16 of these TOU and, if concluded, the agreements made with the User in a data processing agreement.

15 Responsibility for content

15.1 GAL Digital GmbH is not responsible for the content of the users and does not adopt this content as its own.

15.2 GAL Digital GmbH reserves the right, within the scope of what is legally permissible and taking into account what is reasonable for the user, in particular taking into account the user's data protection and personal rights, not to publish content or to cancel its publication or otherwise block or delete the content if there are concrete objective indications that the content violates legal requirements, official prohibitions, the rights of third parties or offends common decency. However, GAL Digital GmbH is not obliged to check the content in advance.

15.3 In particular, GAL Digital GmbH does not warrant that such content is true, fulfills a specific purpose or can serve such a purpose.

16. liability and compensation

16.1 GAL Digital GmbH shall be liable under this contract only in accordance with the following provisions, otherwise liability shall be excluded.

16.2 GAL Digital GmbH shall be liable without limitation for damage caused intentionally or by gross negligence by GAL Digital GmbH, its legal representatives or executive employees, as well as for damage caused intentionally by other vicarious agents. For gross negligence on the part of other vicarious agents, liability shall be determined in accordance with the provisions for slight negligence set out below in item 5. of this section of the TOU "Liability and Damages".

16.3 GAL Digital GmbH shall be liable without limitation for damages caused intentionally or negligently by GAL Digital GmbH, its legal representatives or vicarious agents resulting from injury to life, body or health. GAL Digital GmbH shall be liable for damages due to the lack of warranted characteristics up to the amount that was covered by the purpose of the warranty and that was recognizable to GAL Digital GmbH when the warranty was given.

16.4 GAL Digital GmbH shall be liable for product liability damages in accordance with the provisions of mandatory product liability laws.

16.5 GAL Digital GmbH shall be liable for damages arising from the breach of cardinal obligations by GAL Digital GmbH, its legal representatives or vicarious agents. Cardinal obligations are those essential obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the user may rely. If GAL Digital GmbH has breached these cardinal obligations through slight negligence, its liability shall be limited to compensation for the foreseeable, typically occurring damage (hereinafter referred to as "typical damage"). The typical damage is generally limited to the specified amount and otherwise to the amount of the user's contractual remuneration for the period in which the breach of duty occurred. In this case the typical damage is limited to 1.000,00 Euro. This shall not apply if the limitation would be unreasonable in the individual case from the point of view of equity. The typical damage shall in principle not exceed five times the agreed remuneration.

16.6 Notwithstanding the liability provisions of these GTC, GAL Digital GmbH shall not be liable for the loss of data if the damage could have been avoided by the user fulfilling a duty or obligation to back up data. In any case, the user must accept contributory negligence. In case of termination, the user is responsible for the previous backup of his data.

17. sanctions

17.1 Since the integrity and functionality of nele.ai are of essential importance, sanctions will be imposed on users if and to the extent that there are concrete indications that users violate legal provisions, the rights of third parties, morality and/or these TOU.

17.2 When selecting the sanction to be imposed, GAL Digital GmbH will take into account the factual circumstances and legitimate interests of the affected user in the decision and will also take into account, among other things, whether the misconduct was only innocent or whether the violation was culpable. The following graduated sanctions are available to GAL Digital GmbH:

- Warning of a user;

- On/restriction when using nele.ai;

- temporary blocking of a user;

- final blocking/termination of a user, if necessary combined with a ban on use.

18. exemption

18.1 Users shall indemnify GAL Digital GmbH against all claims asserted by third parties against GAL Digital GmbH on the basis of an infringement of their rights.

18.2 In this respect, the users shall also bear the costs of a necessary legal defense including attorney's fees and court costs in the statutory amount. Users shall not be indemnified if they are not responsible for the infringement.

19. modification of the NL

19.1 GAL Digital GmbH reserves the right to change the TOU at any time with effect for the future, unless this is not reasonable for the users. The change is reasonable in particular in the following cases:

- if the amendment serves to bring the NB into compliance with the applicable law, in particular if the applicable legal situation changes;

- if the change serves GAL Digital GmbH to comply with mandatory judicial or official decisions;

- if completely new services or service elements as well as technical or organizational processes require a description in the NL;

- if the change is only beneficial to users.

19.2 In such a case, GAL Digital GmbH will send the amended TOU to the e-mail address deposited by the user with GAL Digital GmbH at least two weeks before they come into force.

19.3 If a user does not object to the new TOU within a period of two weeks after receipt of the e-mail, the amended TOU shall be deemed accepted by him. GAL Digital GmbH will inform users of the consequences of failing to object when notifying them of the changes.

19.4 If the user objects to the application of the new TOU within the period, GAL Digital GmbH shall be entitled to terminate the contractual relationship with the user with one week's notice.

19.5 Users may also agree to modified TOU by an express declaration of consent.

20. reference notes

20.1 GAL Digital GmbH shall be entitled, subject to any express confidentiality obligations, to refer to the use of nele.ai by the user for the purpose of self-promotion without the user being entitled to any remuneration.

20.2 Subject to the user's written revocation, which is possible at any time, GAL Digital GmbH shall be entitled to refer to the existing or former business relationship with the user on its own advertising media and in particular on its Internet website by name and company logo (reference).

21 Assignability, Applicable Law, Place of Performance and Jurisdiction

21.1 Any deviating general terms and conditions of users shall apply only if GAL Digital GmbH has expressly consented to them in writing. Failure to reject contrary and communicated TOU of the user shall not constitute consent.

21.2 All legally binding declarations shall be made at least in text form (e.g. e-mail, fax) or by means of the available setting options of nele.ai, unless these TOU or the law expressly provide for the written form.

21.3 GAL Digital GmbH reserves the right to grant third parties rights to nele.ai and data belonging to it (in particular for financing purposes and transfer to subsidiaries and affiliates of GAL Digital GmbH), provided that the provisions of these TOU and applicable laws, in particular data protection law and consumer protection law, are observed. The user may only transfer claims against GAL Digital GmbH based on this contract to third parties with the written consent of GAL Digital GmbH.

21.4 The law of the Federal Republic of Germany shall apply as long as there are no mandatory statutory provisions to the contrary.

21.5 The place of performance shall be the registered office of GAL Digital GmbH. The place of jurisdiction shall also be the registered office of GAL Digital GmbH, provided that the user is a merchant, a legal entity under public law or a special fund under public law or the user has no general place of jurisdiction in the Federal Republic of Germany. GAL Digital GmbH reserves the right to choose another permissible place of jurisdiction.