GENERAL TERMS AND CONDITIONS OF BUSINESS AND USE

1.1 These General Terms and Conditions of Business and Use (hereinafter referred to as "GTC") of “Stockito GmbH”, a limited liability company under Austrian law, having its seat in Vienna and its business address at A-1150 Vienna, Pater-Schwartz-Gasse 11a, registered with the commercial register of the Commercial Court of Vienna under FN 523231h, (hereinafter referred to as “Operator”) apply without exception to any form of use of the web-based application available under www.stockito.com (hereinafter referred to as “STOCKITO”).

1.2 The GTC regulate all forms of use of STOCKITO. Conflicting or deviating conditions of third parties, in particular of STOCKITO-users, are generally contradicted. A conclusive recognition of deviating terms and conditions by STOCKITO-users is excluded, even in the case of unconditional performance by Operator. By registering with STOCKITO, users agree to the GTC and the Data Protection Guideline of Operator in the respective current version.

1.3 The GTC can be retrieved, saved and printed at any time on www.stockito.com.

3.1 Operator operates a web-platform offering cloud-based storage for uploading, downloading, editing, managing and sharing Client’s media-files (e.g. images, illustrations, audio-files, vectors and footage).

3.2 Client’s content can be made available to Creatives by electronical invitation of Client. Availability of content depends on the access rights granted to Creative by Client.

3.3 Any subscription with STOCKITO by Client is based on a pre-paid monthly or yearly subscription period.

3.4 Client is free to choose subscription period and storage size according to his needs. Therefore, any subscription can be up- or downgraded at any time by Client through STOCKITO.

4.1 The use of services via STOCKITO requires Client to register with STOCKITO, to agree to these GTC and to the Data Protection Guideline in the respective valid version, and to deposit a credit or debit card number as a payment method. The deposit of credit or debit card data is not required for the initial trial period (see section 4.2 hereof).

4.2 The registration with STOCKITO as a Client is free of charge for an initial trial period of 14 (fourteen) days.
‍
Further use of Services after the end of the trial period is fee-based. Therefore, User will receive a written notification by Operator enabling User to switch to fee-based Services.

4.3 The use of STOCKITO is permitted to legal and natural persons for private as well as for commercial use. The Services of STOCKITO and their use in respect of natural persons is reserved exclusively for natural persons who are of legal age and legally competent.

4.4 The information required from Client for the registration and creation of a user account includes name, date of birth or registration number, VAT-number, e-mail address, postal address, postal code, city and country as well as a self-chosen password. In this context, each Client is obliged to ensure that all data and account information specified in his account always stay current, complete and true.

Should the account data and information no longer be current, complete and true, or should the payment data have expired, be out of date or invalid, Operator reserves the right to close established client accounts and to terminate concluded contracts with Client without notice, or to refuse access to the parts of STOCKITO that require registration.

Furthermore, Client is obliged to handle access data to his client account and, in particular his password confidentially and to protect them from access by third parties. When suspected that third parties could have gained unauthorized knowledge of the Client’s account and of the password, or in case of password loss, Operator shall be informed immediately. In general, Client shall be liable for the use of his client account by third parties, unless he is demonstrably not responsible for the third-party use.

4.5 By entering the data specified in Section 4.4 hereof as well as the necessary consent to the GTC and to the Data Protection Guideline of Operator, User confirms the registration by clicking on the "Sign Up" button. A chargeable contract between Customer and Client is hereby concluded. In order to confirm the accuracy and completeness of the data, Client shall receive an automated verification-link to the e-mail address specified by him. For activating the client account, the verification-link has to be confirmed by Client. If the transmitted verification-link is not activated, Client’s account will not be enabled, and STOCKITO cannot be used any more. Non-verified accounts will be automatically deleted after 48 (forty-eight) hours from transmittal of the verification link to Client.

Furthermore, by entering the data specified in Section 4.4 hereof as well as the necessary consent to the GTC and to the Data Protection Guideline of Operator during registration process, User consents to the transmission of notifications by Operator for information and marketing purposes by e-mail. This consent can be revoked at any time.

4.6 All client data is treated strictly confidentially by Operator. The personal client data is stored on servers in the European Union. Client’s media-files (e.g. images, illustrations, audio-files, vectors and footage) are stored by means of cloud-computing and may be mirrored via servers outside the European Union. The corresponding Data Protection Guideline of Operator applies.

4.7 BThe use of Services through STOCKITO is for payment. The costs incurred by Client resulting from use of such Services are those listed in the respective pricing list of Operator. In order to make use of the Services offered by STOCKITO, Client must have previously deposited his valid credit or debit card number in the Client account.

This credit or debit card data is not collected by Operator itself, but by the certified payment service provider appointed by the operator, "Stripe Payments Europe Ltd.", 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, e-mail: dpo@stripe.com. Operator itself has no access to Client's credit or debit card data.

4.8 Client expressly agrees to the debit of all fees for Services by "Stripe Payments Europe Ltd.", whereby VAT calculation will be performed by “Octobat SAS”, 230 rue du General Leclerc, 95120 Ermont, France. Operator assumes no liability for the correctness, completeness and security of the processes carried out by "Stripe Payments Europe Ltd" and / or “Octobat SAS”.

4.9 Operator also uses the services of “SendGrid Inc” 1801 California Street, Suite 500, Denver, CO 80202, USA (e.g. for notifications, sign-up confirmations, and e-mail newsletters).

By entering the data specified in Section 4.4 hereof as well as the necessary consent to the GTC and to the Data Protection Guideline of Operator during registration process, User consents to transmission and storage of his data on “SendGrid”-servers in the United States of America, insofar as necessary for use of SendGrid-services by Operator.

4.10 The entire correspondence between Operator and Client is carried out via the e-mail address deposited in the Client’s account. Client has access to his client account at any time by means of his personal password and can view, change and update all master data and other data there.

5.1 The use of services via STOCKITO requires Creative to register with STOCKITO, to agree to these GTC and to the Data Protection Guideline in the respective valid version.

5.2 The registration with STOCKITO as a creative is free of charge.

5.3 The use of STOCKITO is permitted to legal and natural persons for private as well as for commercial use. The Services of STOCKITO and their use in respect of natural persons is reserved exclusively for natural persons who are of legal age and legally competent.

5.4 The information required from Creative for the registration and creation of a user account includes name, e-mail address, profile picture and a self-chosen password. In this context, each Creative is obliged to ensure that all data and account information specified in his account stay always current, complete and true.

Should the account data and information no longer be current, complete and true or be out of date or invalid, Operator reserves the right to close established creative accounts without notice, or to refuse access to the parts of STOCKITO that require registration.

Furthermore, Creative is obliged to handle access data to his client account and, in particular his password confidentially and to protect them from access by third parties. When suspected that third parties could have gained unauthorized knowledge of the Creative’s account and of the password, or in case of password loss, Operator must be informed immediately. In general, Creative shall be liable for the use of his creative account by third parties, unless he is demonstrably not responsible for the third-party use.

5.5 By entering the data specified in Section 5.4 hereof as well as the necessary consent to the GTC and to the Data Protection Guideline of Operator, User confirms the registration by clicking on the "Sign Up" button. A free of charge contract between Customer and Client is hereby concluded. In order to confirm the accuracy and completeness of the data, Creative shall receive an automated verification-link to the e-mail address specified by him. For activating the creative account, the verification-link must be confirmed by Creative. If the transmitted verification-link is not activated, creative account will not be enabled, and STOCKITO cannot be used any more. Non-verified accounts will be automatically deleted after 48 (forty-eight) hours from transmittal of the verification link to Creative.

5.6 All creative data is treated strictly confidentially by Operator. Data is stored on servers in the European Union. The corresponding Data Protection Guideline of Operator applies.

5.7 The use of Services through STOCKITO is free of charge for Creatives and is based on an electronical invitation by Client received after registration.

6.1 User is obliged to behave appropriately and in accordance with the GTC, the Data Protection Guideline and the applicable statutory provisions. Furthermore, User is obliged to keep all usage data - in particular the password - safe and confidential.

6.2 The use of the user account is exclusively reserved to the registered User himself. A transmission or passing on of data of the user account to third parties, in particular the login information and the password, is expressly prohibited.

If Operator becomes aware of transmission or passing on of user account data, Operator can terminate the contract with User without prior notice and ban User from participation in STOCKITO or other services of Operator permanently. Each User can only register once, multiple registration on STOCKITO as Client or Creative, e.g. by means of different e-mail addresses, addresses and/or credit or debit card data, is expressly forbidden.

6.3 User undertakes to inform Operator immediately of any suspicion of misuse of his user account by third parties. This can be done, for example, by sending an e-mail to e-mail address the corresponding information.

6.4 User entitles Operator to store, copy, manage and publish User’s content within the user group defined by User.

6.5 User undertakes not to make available any data that violates the rights of third parties, including but not limited to intellectual property, privacy or any other applicable law and / or regulations. Furthermore, User shall refrain from disseminating damaging files, data and content, in especially harmful, viruses and trojans, through STOCKITO.

6.6 In addition, User acknowledges that any upload of illegal content (e.g. images, illustrations, audio-files, vectors and footage or other activities), content prohibited by law or content infringing these GTC and / or Data Protection Guideline entitles STOCKITO to remove the afore-mentioned content and to ban the respective User.

6.7 User undertakes to inform Operator immediately of any suspicious content relating to his user account. This can be done, for example, by sending an e-mail to e-mail address the corresponding information.

6.8 User acknowledges that the storage space on STOCKITO and the corresponding Internet traffic can solely be used to store and transmit User content displayed on a User website via STOCKITO.

Particularly, content stored on STOCKITO must not be displayed on other websites (e.g. hotlinking, inline linking), except for websites with limited traffic that are User’s property. STOCKITO is not to be used for large-scale public content distribution.

6.9 STOCKITO reserves the right to close established user accounts and to terminate concluded contracts with Users, without notice, based on infringement of sections 6.5, 6.6 and / or 6.8 hereof.

Moreover, STOCKITO is entitled to report activities stated under section 6.5 and section 6.6. hereof to the competent authorities.

8.1 By uploading content (e.g. images, illustrations, audio-files, vectors and footage), User grants Operator the non-exclusive, revocable, non-transferable but temporally, spatially and contentwise unrestricted right of use to reproduce, distribute, send, present and make available to Creatives, insofar as necessary for fulfilment of Services and / or other contractual obligations in relation to Client.

9.1 Operator does not check User’s content for the existence of any ownership rights or rights for exploitation. Moreover, the Operator does not assume any liability or guarantee for the quality of the Services made available on STOCKITO.

9.2 Each User is therefore exclusively, personally and solely liable for any claims of any kind arising in connection with the infringement of any ownership rights or rights of exploitation towards third parties regarding User’s content.

If a claim is asserted against Operator by third parties for infringement of ownership rights or rights of exploitation, User undertakes to indemnify and hold Operator harmless.

9.3 Operator reserves the right to change offers, services and functions of STOCKITO at any time without notice or to discontinue them temporarily or permanently. Furthermore, Operator is not responsible or liable for ensuring that the technology and software made available on STOCKITO is free of objections and malfunctions. Since Operator is also dependent on third party software components for his technology, Operator is only liable for any technical failures or malfunctions or any damages to property he causes in case of gross negligence or intent.

9.4 Moreover, Operator is not liable for and does not warrant that any user content made available on STOCKITO will be intact, free of digital defects and / or perfectly usable, since Operator is also dependent on third party software components for his technology. Operator is only liable for any technical failures or malfunctions or any damages to property he causes in case of gross negligence or intent.

10.1 Operator makes every effort to ensure trouble-free use of STOCKITO. User accepts that regular maintenance and repair work as well as updates to the software, technology and architecture of STOCKITO must take place, which may lead to temporary restrictions on use or to a complete shutdown of STOCKITO.

10.2 Operator therefore does not guarantee uninterrupted and trouble-free operation of STOCKITO or unrestricted availability. Section 9.3 last sentence hereof applies to any interruptions or troubles in connection with the operation of STOCKITO.

10.3  Operator maintains a general, low-level database backup at all times. Therefore, pieces of data are not directly accessible or usable.

Each backup file is encrypted before storage in the Digital Ocean Cloud in Germany (primary backup) and in the Amazon S3 Cloud in Ireland (secondary backup) and is kept for up to 2 (two) years after performance of backup.

11.1 User will receive a written notice by Operator 14 (fourteen) days before expiration of the subscription period.

If User does not expressly object to the extension of the contract within 14 days in writing, User’s subscription shall be extended fee-based by the original subscription period.

12.1 The contractual relationship between Operator and User is concluded for definite time according to User’s subscription period and cannot be terminated before expiration of the subscription period, except otherwise expressly stated in this GTC.

12.2 Nonetheless, all parties to the contract are entitled to terminate the contractual relationship with immediate effect, if there is an important reason which makes it appear unreasonable to continue the contractual relationship. This is particularly the case if parties

• violate the law, the GTC and / or DPG
• provide false or misleading information, register multiple times or fraudulently;
• behave inappropriately towards other parties, harass them or take criminal action against them;
• transfer or pass on data of the user account to third parties, in particular the login information and the password;
• disseminate damaging files, data and content, in particular malware, viruses, trojans, through STOCKITO;
  
• upload, transfer or pass on content infringing third parties’ ownership rights or rights of exploitation;
  
• fail to meet their payment or Service obligations on time despite a written reminder;
  
• remain inactive for more than one year after registration with STOCKITO;
  
• within the framework of STOCKITO act in violation of criminal, civil and or tax law;
  
• entice Users away for other competitors or actively try enticement.
  

12.3  Upon termination of contract for whatever reasons or end of subscription period Operator is entitled to delete all user content after 30 (thirty) days without prior notice.

12.4  Notwithstanding section 12.3 hereof, Operator must keep the following User data for the duration of the statutory retention periods:

• account registration data;
• first and last name or company name;
• e-mail address;
  
• subscriptions;
  
• invoice and financial transaction data.
  

13.1 Changes to these GTC are possible at any time and become legally effective 14 (fourteen) days following the initial publication. Operator will communicate all notices about changes to GTC within reasonable time to Users via e-mail.

13.2 If User does not intend to accept amended GTC, user is entitled to terminate the contractual relationship with immediate effect not later than 14 (fourteen) days after having been informed via e-mail about the amendment of GTC without any right of monetary compensation.

10.3  Operator maintains a general, low-level database backup at all times. Therefore, pieces of data are not directly accessible or usable.

Each backup file is encrypted before storage in the Digital Ocean Cloud in Germany (primary backup) and in the Amazon S3 Cloud in Ireland (secondary backup) and is kept for up to 2 (two) years after performance of backup.

14.1 These GTC are subject to Austrian law to the exclusion of the reference standards of international private law (IPRG) and the UN Convention on Contracts for the International Sale of Goods (CISG).

14.2 All disputes arising out of or in connection with these GTC, including disputes concerning the existence or non-existence of these GTC, their violation, dissolution or nullity, shall be subject to the exclusive jurisdiction of the competent court at the registered office of Operator.

15.1 In case any provision of these GTC is or becomes invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of these GTC. In such case, the contracting parties shall endeavour to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the provision to be replaced. This shall apply mutatis mutandis in the event of loopholes.

15.2 Changes, additions and/or collateral agreements to these GTC must be made in written form. This shall also apply to a complete or partial amendment or cancellation of this written form requirement. Verbal collateral agreements to these GTC do not exist.

15.3 Any declarations that shall be made in written form according to these GTC can also be made by e-mail.