AGB YC Media GmbH

Neuer Wall 10, D – 20354 Hamburg
E-Mail-Adresse: office@designwithblink.com

I General
1. Scope
1.1 The following general terms and conditions apply to all legal transactions of YC Media GmbH, hereinafter referred to as "Blink*", with its contractual partner, hereinafter referred to as the "Customer", both also referred to as "Parties", especially in the areas of web design, branding, ads design, printables, web hosting, and graphic design.

1.2 Deliveries, services, and offers by Blink* are made exclusively based on these terms and conditions. These terms and conditions also apply to future business relationships, even if they are not expressly agreed upon again. These terms and conditions take precedence over any conflicting terms of the Customer. Customer's confirmations referring to their terms and conditions are hereby objected to.

1.3 Changes to these terms and conditions will be communicated to the Customer in writing. If the Customer is a business entity, they are considered approved if the Customer does not object in writing. The Customer must send the objection to Blink* within 4 weeks of the announcement of the changes. If the Customer is a consumer, they only apply from the receipt of a declaration accepting the changes by the Customer.

1.4 All agreements between the Parties relating to a service arise in particular from the contract and its appendices, as well as supplementarily, to the extent not regulated therein, from these terms and conditions. These terms and conditions also apply to subsequent orders or commissions, unless other terms and conditions have been included at that time.

1.5 Except for written amendments and supplements to these terms and conditions, electronically or digitally created documents or records shall be considered equivalent to written documents or records.

2. Formation of the Contract
2.1 When a new customer contacts Blink* regarding an order, a personal discussion usually takes place. A Blink* employee discusses the offer, Blink*'s services, the price to be paid by the customer, the start and end of the trial month, and the timeframe for the provision of the service. The contract between the new customer and Blink* is concluded with the onboarding appointment and access to the briefing portal.

2.2 For existing customers, the contract can also be concluded by sending an order confirmation in response to an oral or emailed inquiry. They are bound to an inquiry for a period of 2 weeks.

3. Data Protection
3.1 The contracting party agrees that, within the framework of the contract concluded with them, data about their person may be stored, modified, and/or deleted and transmitted to third parties in the course of contract execution. This applies in particular to the transmission of data necessary for the registration and/or modification of a domain (internet address).

3.2 The stored data and the knowledge about the customer and their company, which Blink* acquires in the course of its assignment, are treated confidentially.

4. Rights to the Results of Activities
4.1 Blink* acknowledges that all rights to all results of activities, data or documents used in the activity (files, drafts, etc.), as well as all protectable assets and all protective rights arising from their use and/or embodied in them, fully and without restriction pass to the customer upon payment of the (subscription or payout) invoice. The customer accepts this transfer upon payment of the invoice.

4.2 Should the transfer of rights envisaged in the preceding clause not be effectively achieved, Blink* hereby grants the customer a comprehensive, exclusive, spatially and temporally unlimited, and unrestricted right of use for all types of use to the results of activities or protective rights. This also includes new types of use that may become known in the future. To the extent legally possible, Blink* expressly and irrevocably waives all moral rights of authors existing in already created or future results of activities, including the right to attribution and the right to integrity.

4.3 The customer may transfer the granted rights in whole or in part to third parties.

4.4 The aforementioned transfer of rights or granting of rights of use only takes place after complete payment of the fee or in the event of the expiration of the trial period. No rights transfer occurs for results of activities created within the trial period; all rights then remain with Blink*.

4.5 Blink* may use the results of activities within its business operations and freely use them after removal of customer-specific details.

4.6 Documents or files obtained by the customer in the course of contract performance, such as presentations, preliminary work, concepts, white papers, or corresponding copies, may only be disclosed to third parties, published, presented, or used outside the private or company-internal area after written consent by Blink*. No liability is assumed for their completeness or correctness.

5. Liability, Reimbursement of Expenses, and Force Majeure
5.1 The risk of the legal permissibility of activities and project development by Blink* is borne by the customer. The customer indemnifies Blink* from third-party claims if Blink* has acted at the explicit request of the customer, despite having communicated its concerns regarding the permissibility of the measures to the customer.

5.2 If Blink* considers a legal examination of the measures to be carried out necessary by a particularly knowledgeable person or institution, the customer bears the costs after consultation.

5.3 Blink* is liable to the customer for damages caused by it or its vicarious agents intentionally or through gross negligence. In cases of damages resulting from the infringement of life, body, or health, damages arising from the violation of a material contractual obligation, and damages resulting from the absence of guaranteed characteristics, Blink* is liable for itself and its vicarious agents even in the event of simple negligence

5.4 In the event of liability for the violation of a material contractual obligation, liability is limited to the typical and foreseeable damage, up to a maximum amount equal to the annual fee payable by the customer (web hosting), or up to the amount of the agreed-upon fee for the service (web design, graphic design).

5.5 Blink* does not warrant the achievement of a performance outcome. In particular, there is no liability for website placement on search engines. Blink* does not provide legal advice or assessments. Therefore, no liability is assumed for the legal permissibility of any measures discussed or implemented; the customer is responsible for verification.

5.6 If a service is provided in accordance with the contract using "Artificial Intelligence" or AI tools such as OpenAI GPT-3 or OpenAI GPT-4, Blink* assumes no liability for the accuracy and completeness of results obtained or for any legal violations resulting from the use of such tools—particularly for the protection of third-party rights such as data protection, copyright, or trademark rights. The provision of such services is solely performed by the AI tool and is neither reviewed nor verified by Blink* in the process or outcome. Legal and substantive verification is the responsibility of the customer.

5.7 If a service is provided free of charge in accordance with the contract, no liability is assumed for the accuracy and completeness of results obtained—except for damages to life, body, or health and in accordance with product liability law. The substantive verification is your responsibility.

5.8 The customer indemnifies us upon first request from any claims by third parties asserted against Blink* and/or its vicarious agents due to potential culpable breaches of its obligations—especially those outlined in these terms and conditions. The customer shall reimburse any damages incurred as a result of third-party claims, including any court and attorney fees incurred for legal defense.

5.9 Blink* is entitled to reimbursement of expenses that it was deemed necessary under the circumstances and for which it is not responsible, particularly any expenses incurred for the protection of the contractual object, as well as a customary and reasonable fee.

5.10 Unless otherwise agreed upon in individual cases, Blink* is not bound by deadlines and dates for the execution of the service. Performance dates must be in writing.

5.11 If Blink* is prevented from performing the service due to unforeseeable, extraordinary events beyond its control, and if such event could not be averted by Blink* despite reasonable care (such as operational disruptions, subcontractors' fulfillment of the contract, government interventions, labor disputes, lockouts, disruptions of any kind in our or third-party operations, or similar events), the performance period valid for Blink* shall be extended to an extent that allows for the reasonable fulfillment of the obligation to perform. If performance becomes impossible, Blink* shall be released from the obligation to perform, without entitling the customer to rescind the contract or claim damages.

II Web Design
6. Data - Rights of Third Parties
6.1 The customer shall provide all data (texts/images/videos, etc.) necessary for the creation of the website in digital form. If the customer's templates need to be converted into digital form, this will be charged as additional costs.

6.2 The customer assures that all data provided by them (texts/images/videos, etc.) are free from third-party rights and that their use does not infringe upon the rights of third parties, especially copyright, name, or trademark rights, and the "right of publicity." The customer further assures that they have the necessary usage rights to the data provided by them (texts/images/videos, etc.), and that any required consent from depicted individuals has been obtained. Additionally, the customer assures that the data provided by them (texts/images/videos, etc.) do not violate any legal provisions, particularly regarding youth protection and competition, and that links to third-party websites to be included on the website are not unlawful.

6.3 Blink* is not obligated to verify the legality of the data provided by the customer (texts/images/videos, etc.) or the rights of third parties associated with them. However, Blink* reserves the right not to use the data provided by the customer (texts/images/videos, etc.) whose content it deems legally questionable until proven otherwise by the customer.

6.4 The customer is obliged to assume all legal responsibility, especially regarding copyright protection, youth protection, press law, and the "right of publicity." The customer indemnifies Blink* from all third-party claims regarding the data (texts/images/videos, etc.) provided by them. The customer will promptly inform Blink* of any known legal violations.

7. Data - Loss
7.1 In the event of loss of the data provided by the customer (texts/images/videos, etc.), Blink* can only be held liable if it has acted intentionally or with gross negligence. The customer undertakes to re-submit all necessary data to Blink*, free of charge, except in cases of intent or gross negligence.

8. Customer's Obligations
8.1 The customer shall assist Blink* in the provision of contractual services through appropriate cooperation. For example, the customer shall promptly provide Blink* with the necessary information, data, circumstances, and conditions; provide documents, materials, items, or access necessary for the performance of the service; promptly give instructions and approvals to Blink*; and designate a competent contact person who will not be replaced.

8.2 The customer is obligated to provide all necessary data for the creation of the website (texts, images, videos, etc.) within 3 working days after contract conclusion. Failure to meet this deadline will result in an extension of the performance period stated in the contract for the duration of the delay.

8.3 The acceptance of the rendered service by the customer must be made within 5 working days after notification by Blink* and cannot be refused for reasons of artistic design.

9. Prices and Payments
9.1 The commencement of the service period begins on the day of onboarding.

9.2 The first invoice is issued after the expiration of the 14-day trial period, either in the form of a payout invoice upon termination or a subscription invoice for the corresponding service period.

9.3 After the completion of the first month, invoicing will occur cyclically from the first to the last day of each month or the respective individual service period.

9.4 In case of payment default, Blink* may demand default interest at a rate of 6 percentage points above the respective base rate set by the European Central Bank per annum.

9.5 The customer agrees that invoices may be sent via email.

9.6 The customer shall reimburse Blink* for necessary expenses.

9.7 The customer may only exercise a right of retention if their counterclaim arises from the same contractual relationship and has been legally established or is undisputed. In the event that a claim by Blink* is not paid on time, Blink* is entitled to engage a debt collection agency (e.g., Creditreform) for further collection of the due claim. The customer consents to Blink* transmitting the data and information necessary for collection to the debt collection agency (e.g., Creditreform) and authorizes the debt collection agency (e.g., Creditreform) for the storage and processing of the data. We acquire a lien on items that come into our possession during the performance of the contract, securing all claims we have against you in connection with the legal relationship for which we have obtained possession of the item.

9.8 The customer is not entitled to set off against Blink*'s claims unless the customer's counterclaims have been legally established or are undisputed, and when the customer asserts claims of defects or counterclaims arising from the same contractual relationship.

9.9 Billing for hourly rates by Blink* is conducted in 15-minute increments (0.25 hours). For each commenced 15 minutes, one quarter of the hourly rate is charged. In the case of flat-rate hourly packages or time contingents for the overall service or specific service segments, any unused hours expire upon completion of the overall service or service segment. In particular, there is no entitlement to transfer the hours to another overall service or to receive payment for them upon payment.

10. Termination of Subscription
10.1 Termination within the 14-day trial period is possible at any time in writing via email to cancel@designwithblink.com. There is no transfer of rights for activity results created during the trial period; all rights remain with Blink*. A usage right can be transferred in the form of a payout, the amount of the payout per package is visible in the offer.

10.2 If the collaboration continues after the 14-day trial period, there is an ongoing option to terminate the existing subscription at the end of the next full calendar month. The contractual relationship then continues indefinitely. The usage rights of the designs created lie with the customer after termination of the subscription and payment of the invoice. The customer can use them unlimitedly; the transfer to third parties must be clarified with Blink*.

III Domain Provisioning
In the event that domains or web space are also obtained through Blink*, the following additional conditions apply:

11.1 The subject of a domain/hosting contract is the provision of hard disk space on servers operated on the Internet and/or the provision of a domain.

11.2 The exact specifications of the services are outlined in a separate description.

11.3 The domain/hosting contract is concluded for an indefinite period and begins on the date of registration of the domain.

11.4 The contractual relationship can be terminated by both parties with a notice period of four weeks to the end of a calendar month, but not earlier than after a contract duration of three months. The right of termination for cause remains unaffected for both parties.

11.5 In the event of disruptions in the use of the server under this contract, the customer shall promptly inform Blink* of these disruptions.

11.6 The customer is obligated to handle the access data of this contract with care and to prevent abusive use of the access data by third parties.

11.7 For the purposes of this contract, third parties do not include persons who use the server access, which is the subject of this contract, with the knowledge and consent of the customer.

11.8 The customer assures that they will not store or publish any content on the storage space subject to the contract and on the Internet that violates applicable law or the rights of third parties.

11.9 The customer is obligated to make an imprint accessible to everyone and easily reachable from every page. To the extent that the customer transmits data to Blink*, the customer shall create backups. In the event of data loss at Blink*, the customer shall re-transmit their data free of charge. The provider assumes no liability for the loss of data on the servers. If the customer wishes to have regular backups from Blink*, they can book this for a fee. However, this also does not entail Blink* assuming liability for data loss; it merely serves as additional security for the customer.

11.10 The written registration conditions (DENIC domain conditions) will be handed out upon conclusion of the contract - receipt must be confirmed by the customer in writing.

IV Final Provisions
12. Self Promotion

12.1 Blink* is entitled to place a creation note on the customer's website.

12.2 The customer agrees that websites or graphics created for them may be used as references if needed (e.g., on Blink*'s company website or in galleries).

13. Applicable Law and Jurisdiction
13.1 These terms and conditions and all legal relationships between the customer and Blink* are exclusively governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of performance is Hamburg.

13.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, Blink* can only be sued at the Hamburg court of jurisdiction.

14. Other Supplementary Provisions
14.1 Side agreements require written form.

14.2 In addition to the traditional communication channels, both parties agree to use email communication. The sending and communication take place at your own risk. We are not responsible for disruptions in the internet's network, server and software problems of third parties, or problems with a postal or delivery service.

15. Severability Clause
15.1 Should individual provisions of this contract be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In place of the ineffective provision, a provision shall be deemed to have been agreed that, to the extent legally permissible, comes closest to achieving the intended purpose or desired effect of the ineffective provision.