Terms and Conditions (T&C) of Kataloop GmbH for Monthly-Price Collaboration

6.1.1 Services and Tasks: The Business Plan covers all core 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 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 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 individual photo and video productions, which consist of working time and a usage license. The time required to create these media is covered by the defined implementation times. The Business Plan includes simple usage rights without any 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”). The Client may acquire further usage rights as needed via the allowance defined in 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 as well. Brand-specific elements such as logos are removed for this purpose. Exclusive usage rights can be acquired either for a limited or an unlimited period. An exclusive usage license with a term of two years is available for €990 (net) per medium or media series from the same conceptual context. A complete buyout for unlimited exclusive use is available for €2,990 (net). Exclusive rights permit use in all types of use 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 Video Calls: An optional 60-minute kickoff call and optional coordination calls every two weeks are included. Ongoing communication takes place via the Client Portal.

6.2.1 Services and Tasks: The Business+ Plan covers all services listed in the implementation times, including those with the small “+” label. Also included are web applications with a login area (e.g., internal tools with authentication), insofar as their effort is covered by the implementation times or has been estimated in advance.

6.2.2 Stock Media Allowance: The Business+ Plan includes a monthly allowance of €750 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 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 the Resale option: this extended right allows the Client to use the media within resalable content, whereby the media may not be distributed as a standalone product; they must be part of another product. The two-year period for the exclusive usage right begins upon delivery of the media, regardless of whether further editing by Kataloop takes place afterwards. After the two-year exclusive license expires, the Client has the option of extending the usage right for a fee or acquiring a perpetual usage right (“buyout”). The extension of the exclusive rights by two years at a time is available for €990 (net) per medium or media series, while a complete buyout can be acquired for a one-time payment of €2,990 (net) per medium or media series.

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 and optional weekly coordination calls of up to 60 minutes each are included. Ongoing communication takes place via the Client Portal.

6.3.1 Services and Tasks: The Maintenance Plan covers a quota of 3 working days according to the implementation times for reduced but ongoing adjustments.

6.3.2 Stock Media Allowance: The Maintenance Plan includes a monthly allowance of €100 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 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 takes place via the Client Portal.

8.1 Reference Use: Kataloop and Lydia Dietsch are entitled to use the services rendered within the collaboration as well as depictions of the created works (in particular screenshots and screen recordings) for reference and self-promotional purposes, for example in their own portfolio, on Kataloop’s website, on social media, in presentations, and in other promotional materials. This includes naming the Client and using its logo. For this purpose, the Client grants Kataloop a simple right of use, unlimited in territory and time. If the Client demonstrates a legitimate confidentiality interest, the reference use is omitted in whole or in part at the Client’s request.

8.2 Client’s Warranty: The Client warrants that it holds all rights to the content used in the works that are required for the reference use under Section 8.1, in particular to photos, videos, graphics, fonts, and other media, and that no third-party rights conflict with the reference use, in particular no copyrights, trademark rights, or personality rights (such as the right to one’s own image of depicted persons). This warranty does not apply to content that Kataloop itself has created, provided, or licensed.

8.3 Indemnification: If third-party claims are asserted against Kataloop due to the reference use under Section 8.1, the Client indemnifies Kataloop against these claims and the reasonable costs of legal defense, insofar as the claims are based on a breach of the warranty under Section 8.2 and the Client is responsible for the underlying infringement.

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 prices stated are net. For clients based in Germany, the applicable statutory VAT is added. Business clients based in other EU countries are invoiced without German VAT upon provision of a valid VAT ID; the tax liability transfers to the client under the reverse-charge mechanism. Clients from third countries outside the EU are invoiced without German VAT; any taxation is governed by the law of the respective country.

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:

11.1 Task Management: The Client undertakes to create and continuously maintain tasks independently in the kanban board of the Client Portal. Kataloop only processes tasks that have been entered in the Client Portal.

11.2 Open Tasks: If no open tasks exist in the Client Portal, Kataloop is not obliged to provide further services. The obligation to pay the agreed remuneration remains unaffected.

11.3 Feedback: The Client undertakes to provide regular feedback to support the progress of the services. In the event of delays caused by missing feedback, Kataloop assumes no liability for the resulting delay.

11.4 Provision of Materials: The Client is responsible for the timely provision of all texts required for the execution of the tasks. Delays in providing these texts may affect the timely execution of the service. This applies accordingly to graphics and other media, unless created by Kataloop itself.