General Terms and Conditions with Customer Information & Annex: Regulations for Switching Providers
A. General Terms and Conditions with Customer Information
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Michael Eder, operating under the business name "AnyCaption" (hereinafter referred to as “Provider”), apply to all contracts for the provision of services in the area of Software-as-a-Service (hereinafter referred to as 'SaaS’) that a consumer or entrepreneur (hereinafter referred to as “Client”) concludes with the Provider with regard to the services presented by the Provider on its website. The subject matter of the contract is the provision of a web-based video subtitle rendering and transcription service (hereinafter referred to as “Software”) in digital form via the Internet for a fee and for a period limited to the term of the contract, as well as the provision of storage space on the Provider's servers. The inclusion of the Client's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.4 The Software may contain links or integrations that enable access to services provided by third parties (hereinafter “Third-Party Services”). Such Third-Party Services are provided exclusively by their respective operators and not by the Provider. This applies in particular where the Client is redirected to or interacts directly with a third-party environment (e.g. payment portals or external platforms). The use of such Third-Party Services is governed exclusively by the terms and conditions of the respective third-party provider. In this respect, the Provider merely facilitates access to these services.
2) Services of the Provider
2.1 The Provider shall provide the Client with Software in digital form via the Internet for the duration of the agreed contract period. To this end, the Provider shall enable the Client to access the Software, which shall remain on the Provider's server. The range of functions and technical specifications of the Software are described in more detail in the service description on the Provider's website. The Provider is only responsible for providing the Software with the functionalities defined in more detail in the service description. In particular, the Provider is not responsible for establishing and maintaining the data connection between the Client's IT system and the Provider's server.
2.2 The Software is updated by the Provider at irregular intervals. Accordingly, the Client only receives a right to use the software in its current version. The Client has no claim to the creation of a specific state of the Software.
2.3 The Provider shall provide the Client with limited storage space on its servers for the use of the Software. The amount of storage space is described in more detail in the service description on the Provider's website.
2.4 The Provider's services are offered subject to availability. 100 percent availability is technically impossible and therefore cannot be guaranteed to the Client by the Provider. However, the Provider endeavors to keep the service available as consistently as possible. In particular, maintenance, security, or capacity issues, as well as events beyond the Provider's control (disruptions to public communication networks, power outages, etc.), may lead to disruptions or temporary shutdowns of the service.
2.5 The Provider shall take state-of-the-art measures to ensure data security. However, the Provider shall not be subject to any duty of safekeeping or custody. The Client is responsible for ensuring adequate data security.
2.6 The Provider shall provide the Client with an operating manual in electronic form.
2.7 Unless otherwise specified in the service description on the Provider's website, the Provider shall not be obligated to provide any support beyond the contractual maintenance obligations for the Software.
3) Eligibility
You must be at least 18 years old or have legal permission in your jurisdiction to use our Service. By using the Service, you represent and warrant that you meet these requirements.
4) User Accounts
To access certain features of the Service, you may need to create an account. You agree to provide accurate, complete and up-to-date information during registration and to keep your credentials confidential. You are responsible for all activities that occur under your account.
We reserve the right to suspend or terminate your account if we suspect unauthorized use, a violation of these Terms, or other misuse of the Service.
5) Use of the Service
The Service allows users to upload video files, generate subtitles and export processed video content.
You agree not to:
- use the Service for any unlawful purpose;
- upload content that you do not have the legal right to use, distribute or process;
- upload or process content that infringes copyright, trademark, privacy, publicity or other rights of third parties;
- upload illegal, abusive, harmful, defamatory, hateful or otherwise objectionable material;
- interfere with or disrupt the integrity, performance or security of the Service;
- attempt to access data or accounts that do not belong to you;
- reverse-engineer, decompile or otherwise attempt to obtain the underlying source code of the Service.
You are solely responsible for all content you upload, process or distribute using the Service.
By uploading or submitting any video, audio or other content to the Service, you represent and warrant that you own or otherwise have all necessary rights, licenses, consents and permissions to upload, process and use such content, and that your use of the Service does not violate any copyright, intellectual property, privacy or publicity rights of third parties.
We reserve the right to investigate suspected misuse of the Service and to remove or block access to content, suspend accounts or otherwise restrict or terminate access to the Service if we reasonably believe that the Service is being used in violation of these Terms or applicable laws. This includes, but is not limited to, the upload or processing of infringing, illegal, abusive or harmful content, or activities that threaten the integrity or security of the Service. Where necessary to protect the Service, our users or third parties, we may take such actions with or without prior notice.
We may remove content or suspend or terminate accounts that, in our reasonable judgment, violate applicable laws, these Terms or the rights of third parties.
6) User Content and Processing
Our Service enables you to upload video files for processing. These files may be stored in cloud infrastructure and processed to generate video previews, transcripts and rendered video outputs.
To provide these features, audio tracks extracted from uploaded videos may be transmitted to third-party transcription providers for speech-to-text processing.
The Service may use automated technologies, including speech recognition and machine learning systems, to analyze audio and video content and to generate transcripts, subtitles, previews or other outputs. These outputs are generated automatically and may contain errors, omissions or inaccuracies. You are responsible for reviewing and verifying any such outputs before using, publishing or distributing them, and we do not guarantee the accuracy, completeness or reliability of automated outputs generated through the Service.
By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to:
- store your uploaded files;
- process audio and video data;
- generate transcripts, previews and rendered video files;
- deliver the resulting outputs to you.
This license is granted solely for the purpose of operating and improving the Service.
7) Storage and Data Retention
Uploaded files, generated previews and rendered videos may be temporarily stored on our infrastructure in order to provide the Service (e.g. to enable accessing, editing, or downloading the videos).
We may automatically delete uploaded or generated files after a retention period determined at our discretion, or earlier if required for operational, technical or legal reasons.
The Service is not intended for long-term storage of files. The Client is responsible for downloading and retaining any content they wish to keep.
8) Third-Party Services
The Service relies on third-party infrastructure and service providers, including but not limited to cloud hosting, storage, transcription and payment processing services.
These providers act as service providers to the Provider and may process data necessary to deliver the Service.
We are not responsible for outages, interruptions or changes caused by third-party providers.
In some cases, the Service may enable the Client to access or interact directly with third-party interfaces (for example, payment portals). In such cases, the respective third-party provider is responsible for the operation of that interface and its terms apply in addition to these Terms.
9) Changes to Services
9.1 The Provider reserves the right to change the services offered or to offer different services, unless this is unreasonable for the Client.
9.2 The Provider also reserves the right to change the services offered or to offer different services
- if it is obliged to do so due to a change in the legal situation;
- if it does so in order to comply with a court ruling or an official decision against it;
- if the respective change is necessary to close existing security gaps;
- if the change is solely advantageous for the Client; or
- if the change is purely technical or procedural in nature and has no significant impact on the Client.
9.3 Changes that have only an insignificant impact on the Provider's services do not constitute changes to services within the meaning of this clause. This applies in particular to changes of a purely graphical nature and mere changes to the arrangement of functions.
10) Conclusion of Contract
10.1 The services described on the Provider's website do not constitute binding offers on the part of the Provider but are intended for the submission of a binding offer by the Client.
10.2 The Client can submit the offer using the online order form provided on the Provider's website. After entering their personal data, the Client submits a legally binding contractual offer with regard to the selected services by clicking the button that completes the ordering process.
10.3 The Provider may accept the Client's offer within five days
- by sending the Client a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Client is decisive, or
- by requesting payment from the Client after the Client has placed their order.
If several of the above alternatives apply, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Client sends the offer and ends at the end of the fifth day following the sending of the offer. If the Provider does not accept the Client's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Client is no longer bound by their declaration of intent.
10.4 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after conclusion of the contract and transmitted to the Client in text form (e.g., e-mail, fax, or letter) after the Client has submitted their order. The Provider will not make the contract text available beyond this. If the Client has set up a user account for the Provider's website before sending their order, the order data will be archived on the Provider's website and can be accessed by the Client free of charge via their password-protected user account by entering the corresponding login data.
10.5 Before placing a binding order via the Provider's online order form, the Client can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Client can correct their entries using the usual keyboard and mouse functions until they click on the button that completes the ordering process.
10.6 The English language is available for the conclusion of the contract.
10.7 Order processing and contact are usually carried out by e-mail and automated order processing. The Client must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Provider can be received at this address. In particular, when using spam filters, the Client must ensure that all e-mails sent by the Provider or third parties commissioned by the Provider to process the order can be delivered.
11) Right of Withdrawal
Clients generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's withdrawal policy.
12) Granting of Rights of Use by the Provider
The Provider is the owner of all rights of use required to provide the Software. Unless otherwise stated in the service description on the Provider's website, the Provider grants the Client the non-exclusive, non-transferable right to use the Software for private and business purposes within the scope of these GTC for the duration of the contract. Any use of the Software beyond this is not permitted.
13) Granting of Rights of Use by the Client
The Provider is entitled to use content and information provided to it by the Client for the service within the scope of its contractual obligations and whose processing is necessary for the proper provision of services. The Client grants the Provider, free of charge, non-exclusively and for the duration of the contract, the necessary rights of use, in particular the right to permanent provision and storage, the right to reproduction and the right to processing, and warrants that it is entitled to grant these rights of use.
14) Client Obligations
14.1 The Client shall ensure that the hardware and software used by them, including workstation computers, routers, data communication devices, etc., meets the minimum technical requirements for using the currently offered software version.
14.2 The Client is obliged to protect and store the access data provided to them in accordance with the state of the art against access by third parties. The Client shall ensure that use is only made to the extent contractually agreed. Unauthorized access by third parties must be reported to the provider immediately.
14.3 The Client may not store any data on the storage space provided whose use violates applicable law, official requirements or orders, the rights of third parties, or agreements with third parties.
14.4 The content stored by the Client in the storage space designated for them may be protected by data protection laws. The Client is responsible for checking whether their use of personal data complies with data protection requirements.
14.5 The Client is responsible for regularly performing appropriate data backups.
14.6 The Client is obligated to check their data and information for viruses or other harmful components before entering it and to use state-of-the-art measures (e.g., virus protection programs) for this purpose.
14.7 The Client shall ensure that any programs, scripts, or similar items installed by them do not jeopardize the operation of the Provider's server or communication network or the security and integrity of other data stored on the Provider's servers.
14.8 If programs, scripts, or similar items installed by the Client endanger or impair the operation of the server or the Provider's communication network or the security and integrity of other data stored on the Provider's servers, the Provider may deactivate or uninstall these programs, scripts, etc. If necessary to eliminate the threat or impairment, the Provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The Provider will inform the Client of this measure without delay.
15) Moderation and Restriction of Content
15.1 The Provider is generally not obligated to proactively review content posted by Client for legality or compatibility with the rights of third parties or these GTC. Nevertheless, the Provider reserves the right to review the legality of Client content on its own initiative in individual cases and to take measures in accordance with the following provisions in the event of identified violations.
15.2 Clients and affected third parties can report suspected illegal content to the Provider using the contact information in the Provider's legal notice (e.g., by e-mail). The Provider is free to forward the content of a report to the Client who posted the reported content. The identity of the reporting person will only be disclosed to the Client if this is absolutely necessary.
15.3 In the case of reports and in the context of checks carried out on the Provider's own initiative, human content control is always carried out. In individual cases, automated technical testing procedures may also be used.
15.4 Where immediate action is necessary to protect the Service, its users or third parties, the Provider may take measures without prior notice.
Otherwise, where the illegality of content published by the Client is determined following a report or as part of an inspection on the Provider's own initiative, the Provider is entitled, at its reasonable discretion, to take one or more of the following measures:
- Warning the Client who published the content,
- Temporary blocking or permanent deletion of the content in question,
- Temporary or permanent suspension of the contractual obligations,
- Termination of the contractual relationship (ordinary or extraordinary for good cause).
15.5 When choosing the measures to be taken, the Provider will take into account the principles of proportionality and weigh the interests of the Client concerned against its own interests in the unhindered, undisturbed, and honest continuation of its business activities. Criteria that will be taken into account when imposing a measure are:
- the statement and meaning of the specific content and its potential to cause injury or harm,
- the frequency with which the Client publishes inadmissible content,
- the relationship between the Client's publication of inadmissible content and their other use of services,
- if recognizable, the Client's intentions in publishing inadmissible content,
- if recognizable, the existence and degree of fault on the part of the Client publishing the content.
15.6 If Clients frequently submit reports or complaints that are obviously unfounded, the Provider will suspend the processing of reports and complaints from these Clients for a reasonable period of time after issuing a prior warning.
16) Remuneration and Payment Terms
16.1 Unless otherwise stated in the Provider's service description, the prices quoted are total prices. Value Added Tax (VAT) is not charged because the Provider, as a small entrepreneur, is exempt from VAT.
16.2 The payment options and payment terms are communicated to the Client on the Provider's website.
16.3 If you select a payment method offered via the payment service “Stripe,” payment processing will be handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe are communicated to the Client on the Provider's website. Stripe may use other payment services to process payments, for which special payment terms may apply, which will be communicated to the Client separately if necessary. Further information about Stripe is available on the Internet at https://stripe.com
17) Payments, Refunds and Subscriptions
Certain features of the Service do require a paid subscription.
Subscriptions are billed on a recurring basis and are processed through a third-party payment provider (Stripe). By purchasing a subscription, you authorize recurring charges according to the billing plan you selected.
Subscriptions automatically renew unless cancelled before the end of the current billing period.
You may cancel your subscription at any time by navigating to your dashboard, clicking 'Upgrade / Manage Plan', and pressing 'Cancel subscription'. Cancellation will take effect at the end of the current billing cycle.
Refunds are provided only where required by applicable law.
Consumer rights of withdrawal, where applicable, are governed by the separate Cancellation Policy.
18) Delivery and Returns
The Service is provided electronically via our web application. No physical shipping takes place.
After successful registration and, where applicable, successful payment, access to the Service is provided online.
Generated video outputs are made available electronically within the Service for download.
Processing and delivery times may vary depending on file size, video length, system load, and third-party services. We do not guarantee completion within a specific time frame.
As we provide a digital subscription service and electronically generated outputs, there is no return process for physical goods.
19) Service Availability and Processing Limitations
Video processing and subtitle generation are computationally intensive tasks and may depend on file size, duration, system load or third-party services.
We do not guarantee that rendering or transcription will always be successful, accurate or completed within a specific time frame.
We reserve the right to impose limits on file size, processing time, storage usage or other system resources.
20) Contract Term and Termination
20.1 The contract term depends on the subscription plan selected by the Client (e.g. monthly or yearly). The subscription renews automatically for the respective billing period unless terminated by either party before the end of the current billing period. The Client can terminate at any time with effect at the end of the current billing period.
20.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, considering all circumstances of the individual case and weighing the interests of both parties.
20.3 Terminations can be made in writing, in text form (e.g., by e-mail), or in electronic form using the termination feature (termination button) provided by the provider on its website.
20.4 Upon termination of the contract, the Client loses access to their user account. Furthermore, upon termination of the contract, the Provider's obligation to store the Client's uploaded data also expires.
21) Termination
The Client may terminate the contractual relationship in accordance with the provisions set out in these Terms.
We may suspend or terminate your access to the Service if you violate these Terms, misuse the platform, upload illegal content, or if continued operation of the Service becomes commercially impractical.
Upon termination, your right to use the Service ends immediately.
22) Switching Provider
If the Client wishes to switch to another provider or to an ICT infrastructure on their own premises, the provisions in the Annex on changing providers, which is attached to these GTC as an appendix, shall apply.
23) Liability for Defects
If the Client is acting as a Consumer, the provisions of statutory liability for defects shall apply.
If the Client is acting as a Trader, the provisions of statutory liability for defects shall apply, subject to the following restrictions.
23.1 The Client must immediately notify the Provider of any defects, malfunctions, or damage that occur.
23.2 The statutory liability for defects for only minor reductions in the suitability of the service is excluded.
23.3 Strict liability pursuant to Section 536a (1) of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded.
23.4 Termination by the Client due to failure to grant contractual use is only permissible if the Provider has been given sufficient opportunity to remedy the defect and this has failed. Remedying the defect shall only be deemed to have failed if it is impossible, if it is refused or unreasonably delayed by the Provider, if there are justified doubts as to the prospects of success, or if it is unreasonable for the Client for other reasons.
24) Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis.
While the Provider takes reasonable measures to maintain the reliability and security of the Service, the Provider does not guarantee that the Service will be uninterrupted, error-free, or completely secure, or that generated transcripts or subtitles will be perfectly accurate.
The above limitations apply within the scope of the statutory provisions. Any mandatory statutory rights of the Client, in particular rights arising from defects in accordance with Section 22, remain unaffected.
25) Liability
25.1 The Provider shall be liable without limitation for any legal reason
- in the event of wilful intent or gross negligence,
- in the event of wilful or negligent injury to life, limb or health,
- based on a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).
25.2 Any further liability of the Provider is excluded.
25.3 The above liability provisions also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
25.4 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on its observance the Client may regularly rely.
26) Indemnification
The Client shall indemnify the Provider against all claims asserted against the Provider by other customers or other third parties due to infringement of their rights based on content posted by the Client or due to other use by the Client. The Client shall also bear the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the Client is not responsible for the infringement. In the event of a claim by third parties, the Client is obligated to provide the Provider immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.
27) Confidentiality
The Provider undertakes to maintain confidentiality regarding all confidential information that comes to its knowledge in connection with this contract and its implementation and not to disclose such information to third parties. Confidential information is information that is marked as confidential or whose confidentiality is apparent from the circumstances, regardless of whether it has been communicated in written, electronic, physical, or oral form. The confidentiality obligation does not apply if the Provider is required by law or by a valid or final decision of an authority or court to disclose the confidential information.
28) Amendment to the Terms and Conditions
28.1 The Provider reserves the right to change these GTC at any time, provided that the Client agrees to the change.
28.2 The Provider also reserves the right to amend these GTC without the Client's consent
- if it is obliged to do so due to a change in the legal situation;
- if it does so in order to comply with a court ruling or an official decision against it;
- if it introduces additional, entirely new services or service elements that require a service description in the GTC, unless this adversely affects the previous usage relationship;
- if the change is solely advantageous for the Client; or
- if the change is purely technical or procedural, unless it has a significant impact on the Client.
28.3 The Provider shall inform the Client of any significant changes to these GTC in a timely manner and in an appropriate form. Significant changes are those that would significantly disadvantage the Client or be equivalent to the conclusion of a completely new contract. These include, for example, provisions regarding the type and scope of the service or the contract term and termination conditions.
28.4 The Client's right of termination remains unaffected by this.
29) Applicable Law, Place of Jurisdiction
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. For Consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the Consumer has his habitual residence is not withdrawn.
30) Alternative Dispute Resolution
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
B. Annex: Switching Providers and Data Portability
1) Scope
This section applies if the Client terminates the use of the Provider’s services and wishes to retrieve their data or continue using it elsewhere.
2) Definitions
2.1 “Service”
The Provider offers a web-based application for generating video outputs with embedded (burned-in) subtitles.
2.2 “Client Data”
All content uploaded or created by the Client within the Service, including in particular:
- uploaded video files,
- generated video outputs with embedded subtitles.
2.3 “Exportable Data”
Client Data that is made available to the Client for download within the Service.
This excludes:
- internal system data,
- proprietary data structures,
- intermediate processing data,
- algorithms, processing logic, or formats that constitute trade secrets of the Provider.
3) Nature of the Service
3.1
The Service is designed for processing and generating video outputs. It is not intended for long-term storage of Client Data.
3.2
Uploaded files and generated outputs are stored only temporarily and may be deleted at any time after processing, in particular for technical, operational or storage-related reasons.
4) Data Export
4.1
The Client is responsible for downloading their Exportable Data in a timely manner after processing.
4.2
The Provider does not guarantee the availability of Client Data for download beyond the period in which it is made available within the Service.
4.3
Exportable Data is provided exclusively in the form of the generated video output with embedded subtitles. No separate subtitle files or editable formats are provided.
4.4
The Provider is not obligated to provide data in a format that reproduces the internal technical structure of the Service.
5) No Obligation to Ensure Technical Compatibility
The Provider does not guarantee that Exportable Data will be compatible with systems or services of third parties. The Client is solely responsible for further use of exported data.
6) No Migration or Switching Assistance
The Provider does not offer migration or switching assistance to other services. The Client may download their generated outputs and use them independently.
7) Protection of Trade Secrets
The Client acknowledges that the Service is based on proprietary technology. The Provider is not required to disclose internal data models, system architecture, or processing methods.
8) Data Deletion
The Provider may delete Client Data, including uploaded files and generated outputs, at any time after processing. The Client is responsible for securing any data they wish to retain.
9) Fees
The Provider does not charge separate fees for standard download functionality made available within the Service.