Terms and Conditions (T&C) of Kataloop GmbH

Kataloop is a creative agency based in Berlin, specializing in the design and Webflow implementation of high-quality corporate websites and online shops, as well as in the production of professional photo and video content in the studio. Our exclusive stock collection also offers media for a wide range of uses. With our monthly subscription models, we provide clients with maximum flexibility in commissioning and executing these services. These Terms and Conditions govern the collaboration between Kataloop and our clients and form the basis for all services offered.

These Terms and Conditions (T&C) apply to all contracts and business relationships between Kataloop GmbH (hereinafter “Kataloop”) and its clients (hereinafter “Client”). Clients under these T&C can only be entrepreneurs, private law legal entities, or public law legal entities. Use by minors is not permitted. The T&C apply to both the Basic and Professional subscription plans and cover all services provided by Kataloop within the framework of these subscriptions. Any conditions of the Client that deviate from these T&C will not be recognized unless Kataloop has explicitly agreed to them.

The contractual partner under these T&C is:
Kataloop GmbH
Kuglerstraße 16
10439 Berlin

The subject of the contract is the provision of creative services under a monthly subscription plan. The contract is designed as a service agreement, under which Kataloop commits to delivering the agreed creative services to the best of its knowledge and abilities without guaranteeing a specific outcome. The success of the project also depends on the active involvement of the Client and, if applicable, other members of the Client’s team. The current list of available services can be found on our website under the project timelines and forms the basis of the contractually agreed services. The Client may choose between the “Basic” and “Professional” subscription plans, each offering a different scope of services:

• Basic Plan: Includes all fundamental services, ideally suited for clients planning a professional website or redesign who do not require exclusive photo or video rights. Clients can assign tasks for immediate execution.

• Professional Plan: Includes all services in the Basic Plan, as well as additional Pro features, such as the implementation of custom code in Webflow. Also included are exclusive usage rights for created photos and short videos. This plan includes regular video meetings to help the Client structure the project and receive advice from Kataloop. Tasks in the Professional Plan are prioritized.

Kataloop provides the agreed services in accordance with the defined project timelines. These timelines are intended as guidelines and may be adjusted within the scope of what is legally permissible, particularly in cases of unforeseen additional effort or delays caused by external circumstances, such as delays due to the Client’s late submission of materials or feedback. The Client may request a time estimate from Kataloop before the start of a task to better plan the anticipated processing time, especially if it is unclear whether a task is more complex (see label in the project timelines) or if it is not listed there. Tasks are assigned and documented through the project management tool Trello. Kataloop is authorized to have services provided in whole or in part by third parties but remains responsible for the proper delivery of services.

6.1.1 Services and Tasks: The Basic Plan covers all fundamental services listed in the project timelines. Tasks with a “Pro” label are not included in this plan.

6.1.2 Stock Media Allowance: The Basic Plan includes a monthly allowance of 300 euros for the purchase of photos and videos from the Kataloop Stock Collection. This allowance is provided as a 34-day voucher, which can be used at checkout for stock media. Unused allowance expires after these 34 days. If your allowance is insufficient, you may exchange full workdays for an increase in the voucher value or an additional voucher. In the Basic Plan, the value of one workday is 280 euros.

6.1.3 Studio Shoots and Media Rights: In the Basic Plan, the Client has the option to commission individual photo and video shoots. The time required for creating this media is covered by the project timelines. Usage rights for the media must be acquired separately through the allowance defined in 6.1.2. At the end of the project timeline, the media will be added to the Kataloop Stock Collection, where the Client can select the desired usage rights and pay with the voucher. By purchasing, the Client accepts the applicable licensing terms. Since the Basic Plan does not include exclusive rights, Kataloop will only produce photo concepts in this plan that do not contain brand-specific elements, such as logos, and the Client accepts that third parties may acquire licenses for these media.

6.1.4 Props Budget: The Basic Plan includes a budget of 100 euros per photo or video shoot for props. If the concept requires props that exceed this budget, the Client is responsible for delivering the additional props to Kataloop’s studio. Upon completion of the shoot, Kataloop may arrange the return of the props provided by the Client, provided the Client supplies a return shipping label or arranges for a courier pickup.

6.1.5 Attribution on the Website: In the Basic Plan, a “Realized by Kataloop” (or similar) credit with a link to the Kataloop website will be included in the footer of the website commissioned by the Client, provided that at least 90% of the website was designed and implemented by Kataloop.

6.1.6 Video Calls: The Basic Plan includes an optional 60-minute kickoff call; however, regular (video) calls are not included. Ongoing communication is conducted via the project management tool Trello.

6.2.1 Services and Tasks: The Professional Plan includes all services in the Basic Plan, as well as additional Pro features, including tasks with a “Pro” label, such as the implementation of custom code in Webflow. See project timelines. Tasks in the Professional Plan are prioritized.

6.2.2 Stock Media Allowance: The Professional Plan includes a monthly allowance of 900 euros for the use of the Kataloop Stock Collection for photos and videos. This allowance is provided to the Client as a voucher valid for 34 days, which can be redeemed at checkout for stock media. Unused allowance expires after the 34 days. If the allowance does not meet the Client’s needs, there is an option to exchange workdays for an increase in the voucher value or an additional voucher. In the Professional Plan, the value of one workday is 400 euros.

6.2.3 Exclusive Usage License for Studio Shoots: Under the Professional Plan, Kataloop grants the Client a worldwide, exclusive usage right limited to two years for the photos and videos created within the subscription. This right includes the reproduction and public accessibility of the media in accordance with the provisions of German copyright law (§ 31 UrhG). The Client is entitled to use the media for commercial purposes without restriction, including on social media, websites, apps, online, in campaigns, advertising, television, broadcast, and in print products. The media may be used unrestrictedly and worldwide for a period of two years. Kataloop waives crediting rights, allowing the Client to use the media without mentioning Kataloop.

The Client also receives a resale option: This extended right allows the Client to use the media as part of resellable content, where the media cannot be sold as standalone products but must be part of another product. Relicensing is only permitted if the media do not infringe third-party rights. Third-party rights include, for example, brand-specific elements such as the Client’s logos; in such cases, Kataloop will not reuse the media after the exclusive license has expired. The two-year exclusive use period begins with the delivery of the media, regardless of whether further edits by Kataloop are subsequently commissioned.

After the two-year exclusive license period expires, the Client has the option to extend the usage rights for a fee or purchase a perpetual license (“Buyout”). The extension of exclusive rights for another two years costs 1,500 euros (plus 7% VAT) per medium or media series, while a full buyout for 3,000 euros (plus 7% VAT) per medium or media series grants unlimited usage rights. While the exclusive license is active, Kataloop may not license the media to third parties. If there are no third-party rights in the media, Kataloop may add the media to the Kataloop Stock Collection and relicense it after the exclusive period ends.

6.2.4 Props Budget: The Professional Plan includes an increased budget of 300 euros per photo or video shoot for props. If the concept requires props that exceed this budget, the Client is responsible for ordering the additional props to be delivered to Kataloop’s studio. Upon completion of the shoot, Kataloop may return the props provided by the Client, provided the Client supplies a return shipping label or arranges for a courier pickup.

6.2.5 Attribution on the Website: In the Professional Plan, the credit “Realized by Kataloop” in the footer may be omitted upon request.

6.2.6 Video Calls: The Professional Plan includes a 60-minute kickoff call as well as weekly 40-minute video calls to ensure regular alignment and consultation. Ongoing communication is conducted via Trello.

The subscription fee is billed monthly in advance and varies depending on the chosen subscription plan. Additional costs, such as exclusive usage licenses or extra props, are billed separately.

All payments are securely processed via the payment provider Stripe. Clients may choose from various payment methods, including Apple Pay, Google Pay, PayPal, Link, Giropay, as well as major credit and debit cards such as Visa, Mastercard, American Express, Discover, Diners Club, and others.

The success of the services depends largely on the active involvement of the Client. The Client must meet the following requirements to ensure smooth service delivery:

8.1 Task Management: The Client is responsible for independently creating and regularly updating tasks in the Kanban board (Trello). Kataloop will only process tasks that are listed in the Kanban board.

8.2 Open Tasks: If there are no open tasks in the Kanban board, Kataloop is not obligated to provide further services. The subscription and payment obligation remain in effect.

8.3 Feedback: The Client is obligated to provide regular feedback to support the progress of the services. Kataloop assumes no liability for delays caused by a lack of feedback.

8.4 Provision of Materials: The Client is responsible for the timely provision of all necessary texts required for task execution. Delays in providing these texts may impact the timely delivery of services. This also applies to graphics and other media, unless these are created by Kataloop.

The contract is concluded for an indefinite period and may be terminated by either party at any time, effective at the end of the current month. Payments already made for the current month will not be refunded in the event of ordinary termination. The Client terminates the contract via the Stripe payment portal. Access to the cancellation portal is available through the email address used to subscribe to Kataloop.

The Client may suspend the subscription at any time. Suspension takes effect at the beginning of the next billing month and must be requested at least 7 days before the desired suspension start date. During suspension, no fees are charged, and Kataloop does not provide any services. The contract remains in effect and will automatically resume once the Client ends the suspension. Suspension is also processed via the Stripe payment portal. 

Kataloop is only liable for damages in cases of intent and gross negligence. Kataloop is only liable for slight negligence in the event of breaches of essential contractual obligations (cardinal obligations). Liability is limited to foreseeable, typically occurring damages. Further claims are excluded.

Kataloop undertakes to treat all information received within the contractual relationship as confidential and to use it only within the scope of contract execution. The Client agrees to the processing of personal data within the framework of contract fulfillment. Data will only be passed on to third parties to the extent necessary for contract fulfillment.

Should any provision of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed agreed upon, which comes closest to the economic purpose of the invalid provision. German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from this contractual relationship is Berlin. These T&C clarify the Client’s cooperation obligations and the nature of the service contract, so that Kataloop is not responsible for the success of the project but only for providing the agreed services to the best of its knowledge and abilities.

Effective as of: 11/04/2024