Licensing terms of Kataloop GmbH

Kuglerstr. 16, 10439 Berlin, Germany
Email: hello@kataloop.com

The contracting party and provider of these license terms is Kataloop GmbH (hereinafter referred to as Kataloop)

§ 1 Scope

These license terms exclusively apply to the business relationship between Kataloop and you concerning the purchase of licenses for copyrighted photos and videos. They are valid in their version at the time of purchase. Deviating terms proposed by you are not recognized unless Kataloop has expressly agreed to them in writing.

§ 2 Subject of the agreement

The subject of this agreement is the acquisition of licenses for stock photos and videos (“stock media”) available at https://www.kataloop.com/en/stock-photos-videos by you as the customer. Upon completing your purchase on the online marketplace, you will receive your download links via email.

Stock photos are provided as full-resolution JPGs and compressed JPGs. Compressed versions have a resolution of 2400 pixels on the longer side, with the shorter side adjusted proportionally. For images with a longer side under 2400 pixels, such as some analog photographs, resolution is maintained, and only quality is compressed.

Stock videos are provided as full-resolution MP4s and compressed MP4s. Compressed versions have a resolution of 1600 pixels on the longer side, with the shorter side adjusted proportionally.

§ 3 Eligibility

(1) For the purpose of these licensing terms, the customer may only refer to an entrepreneur, a legal person governed by private law, or a legal person governed by public law. Minors are excluded from using the stock media or being a customer under this agreement.

(2) For the purpose of these licensing terms, and corresponding to § 14 BGB, an entrepreneur is a natural person, a legal entity, or a partnership with legal capacity that acts upon the conclusion of a contract in the exercise of its commercial or self-employed occupational activity. A partnership with legal capacity is a partnership capable of acquiring rights and incurring obligations.

§ 4 Formation of the agreement

(1) The presentation of stock media in the online shop does not constitute a legally binding offer but rather a non-binding online catalog. On the respective subpage of the stock media, you have the option to add your selected licenses to the shopping cart. By clicking the “Pay” button, you submit your order details and make a binding declaration to Kataloop that you wish to purchase the previously selected license(s) for the stock media (offer).

(2) Your offer is automatically accepted upon receipt of your order. Immediately after placing the order, you will receive an order confirmation email detailing your order and including download links valid for 14 days. The text of your order will be saved unless otherwise specified in the offer. This text is not accessible online but can be provided upon request. Contract languages are German and English.

§ 5 License grant

(1) Kataloop grants you a worldwide, perpetual right (limited to the duration of copyright protection) to reproduce and publicly display the respective stock media within the scope of the selected license. You may also make minor adjustments, such as cropping or color changes.

(2) You may share the file with one additional person. This person may be an employee within your organization, the client for whom the license was purchased, or another directly involved party. You are responsible for ensuring that this person is informed about and complies with the restrictions on further sharing. Storing the file in shared storage systems for internal distribution, such as internal servers, cloud storage, databases, or digital asset management systems (DAMs), is prohibited if these systems are accessible to multiple individuals. This restriction ensures that the file is used only by you and the authorized additional person. Sharing the file with additional employees, service providers, or partners is not permitted unless you purchase an enterprise license. Storage necessary for implementing allowed uses, such as placing the file on a web server for public display on a website, is permitted.

(3) During your order, you can select additional options regarding the scope of rights granted:

the media in which the stock media will be used
the project’s reach in which the stock media will be included
whether the use is editorial or commercial
whether the stock media will be accessible to a team
whether the author’s name will be credited
whether the rights are transferable and sublicensable

(4) Definitions of the terms used in the online marketplace:

Editorial use:

Content marked “for editorial use only” may not be used for commercial, promotional, advertorial, sponsorship, gambling, or merchandising purposes. These materials do not have model or property releases and are primarily intended for editorial purposes, such as news reporting, commentary on current events, or topics of general interest, for example, in blogs, textbooks, newspapers, or magazines.

Commercial use:

Commercial use includes any use aimed directly or indirectly at financial gain or supporting the sale of products or services. This includes use in advertisements, marketing materials, corporate websites, social media, brochures, presentations, promotional content, packaging, product designs, and other business purposes. Kataloop ensures that all necessary model and property releases for commercial use are available. Details on these releases can be found in the stock media’s description.

Websites, apps:

Scope of use: This non-exclusive, worldwide license allows unlimited use in websites, web apps, and mobile apps representing the company of the end customer specified at checkout. Use cases include blogs, online shops, landing pages, one-pagers, web apps, and native apps. Use within preparatory tools, such as Canva, Figma, Photoshop, or Webflow, is always included.

License options: The average number of active users per month over the last two months before purchase applies to each website (main domain, e.g., example.com) or each app per app store. No upgrade will ever be necessary, even if the image is used later and user numbers have increased. If no analytics data is available, the maximum number of years the website or app has been live or accessible to users applies.

Credit: If crediting is mandatory, “kataloop.com” or “Kataloop” (including a link) should be included either as a caption directly on the image or video or visibly placed on the image or video itself. For the “20,000 active monthly users” license, credit does not need to be placed near the image and may instead be included in the website or app’s imprint.

Resale: This allows use within resellable websites and apps, such as templates, designs, framework bundles, or white-label SaaS. It permits redistribution and use by third parties in their own name, who are not the original end customer, regardless of the price charged. The product may also be distributed for free, provided the image is not used independently.

Print:

Scope of use: This non-exclusive, worldwide license allows unlimited use in any type of printed media for the end customer specified at checkout. Examples include flyers, brochures, catalogs, product sheets, business cards, newspapers, T-shirts, and more. Use within preparatory tools and formats, such as InDesign or print-ready PDFs, is always included. Print campaigns are excluded.

License options: The maximum print run applies to the chosen license. Reproducing your printed product with the licensed photo from Kataloop at a later time is allowed until this print run is exhausted, even if different printed products are combined. If the print run is used up, a new license is required to increase the print run. The “Unlimited” option enables unlimited print runs from the start and never requires upgrades.

Front page: The number in parentheses for the license limits the placement size if the image is used on a front page. A front page includes, for example, the cover of a brochure or flyer, as well as single-page products such as mugs or T-shirts. There are no size restrictions for placement within the interior pages.

Credit: If mandatory, “kataloop.com” (or, more understandably, “Photo: kataloop.com”) should be placed as a caption directly on the image or visibly placed on the image itself.

Resale: This option permits the use of the photo in printed products that generate monetary benefits, such as books, magazines, or merchandise. In the case of print templates, monetary benefits are secondary, as long as the photo is used by third parties for their purposes, which is exclusively covered by the resale option. The photo may not be used independently but must be part of another product. Pure photo prints or fine art prints intended for resale are therefore excluded. A product qualifies as “part of another product” if it provides an additional function, such as puzzles, mugs, T-shirts, or postcards.

Example: The print license “2,000 (10cm)” permits the placement of the image on up to 2,000 mugs with a maximum size of 10x10 cm, which can, for instance, be given as Christmas gifts to employees of the end customer’s company. In contrast, the “Unlimited” print license allows the use on an unlimited number of mugs that are sold to third parties through the end customer’s online shop.

Campaigns, newsletters:

Scope of use: This non-exclusive, worldwide license permits use in all types of campaigns, such as social media campaigns, digital out-of-home advertising, email marketing (e.g., newsletters), television advertising, content marketing, display ads, search engine advertising, and print campaigns.

License options: The chosen license should correspond to the budget planned for the campaign. Different types of campaigns may be combined, with the total budget for all these activities counting toward the selected license. Independent of the budget, campaigns measured by audience size, such as newsletters, are based on the maximum number of recipients. If the budget is exhausted or the audience size has increased with a new newsletter, a higher license is required. By selecting “Unlimited” from the start, upgrades are never necessary.

Example: The “2000” license option covers a total budget of up to €2000 for a Facebook and display campaign, as well as the parallel newsletter distribution to a maximum of 2000 recipients.

Credit: If mandatory, “kataloop.com” (or “Photo: kataloop.com”) should be placed as a caption directly on the image or visibly placed on the image itself.

Distinction from print and social media use: A campaign is a promotional activity typically limited in time. If an image is used exclusively in a social media campaign, a campaign license is required. If an image is published both as a regular post and additionally promoted with a budget, both a social media and a campaign license are required. A print license is not required if, for example, posters are printed solely for campaign purposes.

Enterprise license:

The enterprise license removes the restrictions outlined in §5 (2) and enables comprehensive, organization-wide use of the file. It permits the unrestricted sharing, storage, and use of the file within the organization and with relevant external parties. All employees within the organization are allowed to use the file, regardless of the number of users. Multiple individuals may edit, store, and use the file simultaneously. Additionally, files may be stored on internal servers, cloud storage systems, databases, or digital asset management systems (DAMs) and shared organization-wide, allowing access to all authorized employees or departments. There are no restrictions on specific individuals or departments. The license also allows the file to be shared with external service providers, subcontractors, or partners acting on behalf of the licensee. Examples include agencies, printing companies, or developers. However, these external parties may only use the file for the licensee’s purposes; usage for their own projects or third parties is not permitted. Within the organization, the file may also be used in subsidiaries, brands, or business units that are part of the licensed organization. Furthermore, storing the file for backup or archival purposes on internal systems is allowed to ensure long-term availability.

(5) Exclusive license: Please contact Kataloop at hello@kataloop.com and provide details about the intended use of the stock media you wish to license exclusively. Kataloop will then provide you with a customized offer. Even when you acquire an exclusive license to reproduce and publicly display a stock medium, the creator of the stock medium retains the right to showcase the stock medium on other websites or social media for portfolio purposes. These websites are not allowed to offer the stock medium for sale or use it commercially or for advertising purposes.

§ 6 Prices, due dates, and payment

(1) The prices indicated in the online marketplace are net prices excluding VAT. The VAT will be displayed during the final step of the order process, depending on the country from which you order the stock medium and whether you provide your tax number.

(2) Payment is made via the payment method agreed upon at the time of the contract and is due at the conclusion of the contract.

§ 7 Set-off and retention

(1) You shall only be entitled to offset counterclaims against Kataloop’s claims if such counterclaims have been legally established by a final court decision, expressly acknowledged by Kataloop, or based on defect rights or obligations arising directly from this contract.

(2) You are also entitled to set off claims for complaints or counterclaims arising from the same contract. You may only exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

§ 8 Warranty and complaint obligation

(1) The statutory warranty rights apply unless expressly agreed otherwise.

(2) You are obligated to inspect the stock media for defects immediately upon receipt and to notify Kataloop of any defects in writing without delay.

Limitation of warranty for “editorial use only” content: Content marked as “editorial use only” guarantees that it does not infringe the rights of the creator or copyright holder. However, Kataloop does not assume responsibility or guarantee the use of names, persons, trademarks, logos, designs, artworks, or buildings depicted in the content. It is your responsibility to determine whether releases are required for your intended use of such content and to obtain them if necessary. Note that no releases are typically available for content marked as “editorial use only.” Additionally, in some jurisdictions, legal provisions may restrict the commercial use of images, individuals, or properties without proper releases.
Disclaimer for metadata and descriptions: While Kataloop strives to provide accurate keywords, captions, and categories for content, it does not guarantee that the metadata or descriptions are error-free or complete.

§ 9 Liability

(1) Kataloop is liable under statutory provisions without limitation for damages:

arising from injury to life, body, or health caused by intentional or negligent breach of duty by Kataloop, its legal representatives, or agents;
resulting from intentional or grossly negligent breach of duty by Kataloop, its legal representatives, or agents.

(2) Kataloop’s liability is limited to compensation for foreseeable, contract-typical damages caused by slight negligence in the breach of essential obligations by Kataloop or its legal representatives or vicarious agents. Essential obligations are those obligations whose fulfillment is necessary for the proper execution of the contract and on whose compliance the customer may reasonably rely.

(3) The above provisions apply accordingly to liability for the reimbursement of futile expenditures.

(4) Liability under the Product Liability Act remains unaffected.

§ 10 Data protection

All provisions regarding data protection can be found at https://www.kataloop.com/en/privacy-policy.

§ 11 References

You grant Kataloop permission to name you or, if you are an agency, your clients on Kataloop’s website and to use the respective logos there. If you are acting on behalf of a client, you will obtain the necessary permission from your client. If your client does not grant such permission, you are required to inform Kataloop, and we will refrain from mentioning the client or using their logo. The same applies if you as the customer do not consent to being named.

§ 12 Final provisions

(1) All agreements between the parties are contained in this contract and the documents referenced herein. No further agreements exist.

(2) This contract is subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(3) The place of jurisdiction is Berlin.

As of: December 17, 2024

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