General Terms and Conditions

1. Scope of application

1.1 The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.

1.2 Supplementary, deviating or conflicting general terms and conditions of the customer shall not apply, even if aireal does not expressly object to them.

1.3 Only entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity acting in the exercise of their commercial or independent professional activity (and their employees), are authorised to use the aireal platform.

2. Intellectual property, industrial property rights

2.1 aireal is the sole owner of all intellectual property rights relating to the aireal platform together with Audio-SSP, Booking Wizard, Revenue Wizard and Ad Servers, in particular the copyrights relating to the software, the source code and the object code of the software (hereinafter ‘IP rights’). This also applies accordingly to further developments, developments of new functions or updates of the aireal platform.

2.2 No IP rights are transferred to the customer. aireal grants the customer a simple, revocable, non-transferable and non-sublicensable right to use the aireal platform, including the Audio SSP, Booking Wizard, Revenue Wizard and Ad Servers, in accordance with the contract, limited to the territory of the Federal Republic of Germany and for the duration of the respective contractual relationship.

2.3 The customer is prohibited from doing so himself or through third parties:

  1. decompile, reverse engineer or otherwise derive the source code, structure, logic, underlying algorithms or related know-how of the aireal Platform or its documentation, or reconstruct or exfiltrate hidden or non-public elements of the aireal Platform (except to the extent expressly permitted by applicable law notwithstanding this limitation);

  2. translate, adapt or edit the aireal platform or its documentation, create derivative versions of the aireal platform or modify the aireal platform;

  3. write or develop a programme based on the aireal platform, the associated documentation or any part thereof or software applications thereof, or otherwise use the services in any way to develop, distribute or make available to third parties products or services that compete with any or all of the services provided as part of the aireal platform;

  4. sell, sub-licence, transfer, assign, lease, rent, distribute or generally grant any security interest in the aireal platform and related contracted services or any rights thereto in any manner whatsoever;

  5. to use the aireal platform and related, commissioned services beyond the use permitted in the respective contractual relationship and the scope of use specified therein, as well as to use them for the benefit of third parties or to market, distribute or grant third parties access to the aireal platform, individual contents or parts thereof;

  6. to use the aireal platform for purposes other than those specified in the respective contractual relationship;

  7. transfer unlawful, harmful, unauthorised or other data or code to or from the aireal platform;

  8. change or remove any trademarks or proprietary notices contained in or on the software or documentation of the aireal platform;

  9. circumvent or otherwise interfere with the authentication or security measures of the aireal platform or otherwise impair or interfere with the integrity or performance of the aireal platform.

3. Access and system requirements

3.1 Access to the aireal platform is via the Internet. The customer is responsible for providing a sufficient Internet connection.

3.2 The customer is responsible for complying with the system requirements necessary for using the aireal platform, in particular with regard to the operating system and browser.

4. Guarantee

4.1 aireal guarantees that the aireal platform will be available to the customer in the availability agreed in the respective contractual relationship. aireal does not, however, guarantee the secure, uninterrupted or error-free operation of the aireal platform or its suitability for a specific purpose. In the event of any defects, aireal shall take the necessary measures to remedy the defect within a reasonable period of time.

4.2 In the event of defects, the customer shall be entitled to claim subsequent fulfilment free of charge within a reasonable period of time. aireal shall be free to carry out subsequent fulfilment by way of subsequent delivery or rectification.

4.3 If aireal’s first attempt at subsequent fulfilment with regard to a defect fails, the customer shall grant aireal a second, final attempt at subsequent fulfilment with regard to this defect within a reasonable period of time.

4.4 If this second attempt at subsequent fulfilment also fails, the customer shall be entitled to the other statutory warranty rights with regard to the individual defects.

5. Liability

5.1 aireal shall be liable without limitation for intent and gross negligence and in accordance with the Product Liability Act.

5.2 In the event of slight negligence, aireal shall be liable for damages resulting from injury to life, limb and health of persons. Otherwise, the following limited liability shall apply: In the event of slight negligence, aireal shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely. Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of aireal’s vicarious agents.

6. Blocking access and other measures

6.1 aireal may temporarily block the aireal platform for the customer if there are concrete indications that the customer is violating statutory provisions or obligations of the respective contractual relationship or these GTC.

6.2 When deciding on a block, aireal will take into account the legitimate interests of the customer concerned, in particular whether there are indications that the customer is not responsible for the infringement. aireal will lift the block immediately as soon as the infringement has ended.

7. Confidentiality

The parties undertake to treat the contents of the respective contractual relationship as confidential, unless one party is obliged to disclose them by law or legal provisions, in particular stock exchange regulations.

8. Data privacy

If personal data is processed, the parties shall comply with the statutory provisions on data protection, in particular the GDPR and the BDSG.

9. Subcontractor

For the purpose of contract fulfilment, aireal may use other service providers.

10. Duration and cancellation

10.1 The respective contractual relationship can be cancelled with a notice period of three months.

10.2 The right of both parties to terminate without notice for good cause remains unaffected. Good cause shall be deemed to exist in particular if (i) insolvency proceedings are opened against the user’s assets or rejected for lack of assets or out-of-court settlement proceedings take place, (ii) claims of the other party are seized and the seizure is not cancelled within two weeks or (iii) the other party seriously breaches its obligations specified in the respective contractual relationship.

10.3 Cancellations must always be made in writing.

11. Choice of law and place of jurisdiction

11.1 The respective contractual relationship and its interpretation as well as all non-contractual obligations in connection with it are subject to German substantive law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

11.2 The exclusive place of jurisdiction for all disputes arising from and in connection with the respective contractual relationship, including its validity, is Hamburg.

12. Other

12.1 The respective contractual relationship and these GTC represent the entire agreement and understanding of the parties with regard to the subject matter of the contract and replace all oral or written agreements or understandings made between the parties with regard to the subject matter of the contract.

12.2 In the event of any contradictions or loopholes, the provisions of the respective contractual relationship shall take precedence over these GTC.

(as at: August 2024)