Terms and Conditions (T&C) of Kataloop GmbH

Kataloop is a creative agency based in Berlin that combines concept, design, and development of high quality websites using Webflow with graphic services as well as the production of professional photo and video content. Our exclusive stock collection also provides media for a wide range of usage purposes. When commissioned on a monthly pricing basis, our clients benefit from maximum flexibility in the execution of these services. These Terms and Conditions govern the collaboration between Kataloop and its 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 the Business and Business+ plans and govern all services provided by Kataloop as part of the collaboration. 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
Germany

The subject matter of the contract is the provision of creative services as part of the collaboration on a monthly pricing basis. 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 “Business” and “Business+” plans, each of which offers a different scope of services. Additionally, the “Maintenance” plan is available as a downgrade:

• Business: This plan is ideal if the Client needs a professional website for the company or is planning a redesign, and if non-exclusive rights for individually produced photos or videos are sufficient.

• Business+: This plan provides an extended scope of services, including higher quotas for hosting, stock media, and props, additional design tasks such as logo design and print materials, as well as exclusive rights for custom photo and video productions created within the scope of the collaboration.

• Maintenance: This plan is intended for existing Clients who have been on the Business or Business+ plan for at least one month. It allows for minor adjustments and continues to cover ongoing costs and resources.

Kataloop provides the agreed services in accordance with the defined implementation times. 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 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 Business Plan covers all fundamental services listed in the implementation times. Tasks with a “+” label are not included in this plan.

6.1.2 Stock Media Allowance: The Business Plan includes a monthly allowance of 250 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.

6.1.3 Allowance for Hosting, Resources, Props, and External Stock Media: The Business Plan includes a monthly allowance of 250 euros for additional costs incurred during the collaboration. This includes Webflow hosting fees for your website if it is hosted within Kataloop’s workspace, the use of external resources such as font licenses if proposed by Kataloop or specific components for your website, props for custom photo or video shoots, and external stock media. Domain costs are excluded, as Kataloop recommends that Clients register and manage their domains independently.

6.1.4 Studio Productions and Rights to Media: Under the Business Plan, the Client may commission custom photo and video productions, which consist of working time and a usage license. The time required to create these media assets is covered by the defined implementation times. Under the Business Plan, the Client is granted non-exclusive usage rights without an attribution requirement, including the Unlimited/Resale option, for social media, newsletters, presentations, websites, and apps (see Licensing terms § 5 (4): “Social Media, presentations, newsletters” and “Websites, apps”). Additional usage rights may be acquired by the Client as needed using the allowance defined in section 6.1.2. Upon request, the Client may also acquire exclusive usage rights. Without exclusive rights, Kataloop retains the right to license the media to third parties. Brand-specific elements such as logos will be removed for this purpose. Exclusive usage rights may be acquired either for a limited or unlimited period. An exclusive usage license with a term of two years is available for EUR 990 net per medium or media series originating from the same conceptual context. A full buyout for unlimited exclusive usage is available for EUR 2,990 net. Exclusive rights permit usage across all usage types defined in the Licensing terms.

6.1.5 Attribution on the Website: By default, a discreet reference such as “Created by Kataloop” (or similar), including a link to the Kataloop website, is placed in the footer of the website commissioned by the Client. This reference can be removed upon request.

6.1.6 Videocalls: An optional kickoff call as well as optional alignment calls every two weeks, each with a duration of up to 60 minutes, are included. Ongoing communication is handled via the project management tool Trello.

6.2.1 Services and Tasks: The Business+ Plan covers all services listed under the implementation times, including those marked with the small “+”.

6.2.2 Stock Media Allowance: The Business+ Plan includes a monthly allowance of 750 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.

6.2.3 Allowance for Hosting, Resources, Props, and External Stock Media: The Business+ Plan includes a monthly allowance of 750 euros for additional costs incurred during the collaboration. This includes Webflow hosting fees for your website if it is hosted within Kataloop’s workspace, the use of external resources such as font licenses if proposed by Kataloop or specific components for your website, props for custom photo or video shoots, and external stock media. Domain costs are excluded, as Kataloop recommends that Clients register and manage their domains independently.

6.2.4 Exclusive Usage License for Studio Shoots: Under the Business+ Plan, Kataloop grants the Client a worldwide, exclusive usage right limited to two years for the photos and videos created within the scope of the collaboration. 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. The two-year term of the exclusive usage right begins upon delivery of the media, regardless of whether further processing by Kataloop takes place afterward. 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 990 euros (plus 7% VAT) per medium or media series, while a full buyout for 2,990 euros (plus 7% VAT) per medium or media series grants unlimited usage rights.

As long as the Client holds an active exclusive license, Kataloop will not grant any additional licenses for the respective media. If the media contains brand-specific elements such as the Client’s logos, these elements will be removed after the exclusive license expires. Kataloop is then entitled to license the modified media further.

6.2.5 Attribution on the Website: By default, a discreet reference such as “Created by Kataloop” (or similar), including a link to the Kataloop website, is placed in the footer of the website commissioned by the Client. This reference can be removed upon request.

6.2.6 Video Calls: An optional kickoff call as well as optional weekly alignment calls, each with a duration of up to 60 minutes, are included. Ongoing communication is handled via the project management tool Trello.

6.3.1 Services and Tasks: The Maintenance Plan covers an allowance of three working days, as defined in the implementation times, for reduced but ongoing adjustments.

6.3.2 Stock Media Allowance: The Maintenance Plan includes a monthly allowance of 100 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.

6.3.3 Allowance for Hosting, Resources, Props, and External Stock Media: The Maintenance Plan includes a monthly allowance of 100 euros for additional costs incurred during the collaboration. This includes Webflow hosting fees for your website if it is hosted within Kataloop’s workspace, the use of external resources such as font licenses if proposed by Kataloop or specific components for your website, props for custom photo or video shoots, and external stock media. Domain costs are excluded, as Kataloop recommends that Clients register and manage their domains independently.

6.3.4 Studio Productions and Rights to Media: The provisions set out in Section 6.1.4 shall apply accordingly, with references to Section 6.1.2 replaced by references to Section 6.3.2.

6.3.5 Communication: Ongoing communication is handled via the project management tool Trello.

Billing is carried out monthly in advance and is based on the selected plan. Any additional costs, such as for exclusive usage licenses or for exceeding the included allowances, 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 obligation to pay the agreed fees remains unaffected.

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 term and may be terminated by either party at any time, effective at the end of the current monthly billing cycle. 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.

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: 12/23/2025