General Terms and Conditions (GTC)

(1) The provider and contractual partner for all orders placed via this platform is: Friendbooks GbR Partners: Marco Hasselmann and Michael Kofler-Hofer Lindenstr. 33A 12555 Berlin Email: info@herobooks.de VAT ID: DE460620086 (hereinafter the "Provider"). (2) These General Terms and Conditions (GTC) govern the contractual relationship between the Provider and users of the platform (hereinafter "Users"). The offer is directed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB. (3) Deviating conditions of the customer shall not apply unless the Provider expressly agrees to their validity in writing.

(1) The Provider operates an online platform (SaaS) that enables groups (e.g. sports teams) to collaboratively collect content (text, photos, data) and produce a physical memory book from it. (2) The contract consists of two parts: a) User agreement: Free use of the software to create the layout and collect the data. b) Contract for work and materials: The paid order, preparation of data, and production of the physical books. (3) Use of AI technologies: The Provider is entitled to use artificial intelligence (AI) technologies to provide and optimise the service (in particular for image processing, quality assurance, and styling). Depending on the feature, this may occur automatically (e.g. to improve print quality) or based on the User's explicit selection. The Provider uses qualified third-party interfaces for this purpose. Further information on the service providers used and data processing is set out in the privacy policy.

(1) The organiser (book manager): a) The User who creates a book project acts as the "organiser". b) The organiser is the sole contractual partner of the Provider for the order to produce the book. The organiser owes payment of the total amount for the edition ordered. (2) Contributors (team members): a) Contributors may upload content and make financial contributions. b) Financial contributions by contributors count as advance payments towards the organiser's total debt. (3) Conclusion of contract: a) The presentation of book formats and design options on the website serves for the organiser to submit an offer. Because the end product only arises from the Users' individual content, the website does not constitute a finished online catalogue. b) By clicking the "Order with obligation to pay" button, the organiser instructs the Provider, bindingly, to prepare the data and manufacture the books (contract for work and materials). c) The contract is formed once the Provider confirms the order by email or begins performance under the contract (e.g. checking the data or creating print data). (4) Approval process and printing: a) Creation of print files: After conclusion of the contract and receipt of payment in full (see § 4), the Provider creates a final print file (soft proof) from the uploaded content. b) Print approval: This file is provided to the organiser as a digital preview for review. The organiser undertakes to check it promptly for errors (e.g. spelling, image placement) and to grant digital print approval. c) Production: Physical printing of the books only takes place after print approval by the organiser. d) If the organiser delays approval, any delivery periods are extended accordingly. Changes after print approval has been granted are excluded.

(1) Prices and VAT: The prices shown are final prices plus shipping costs. As long as the Provider applies the small business scheme under Section 19 of the German VAT Act (UStG), no VAT will be charged or shown. If the Provider switches to standard taxation, prices will include the applicable statutory VAT. (2) Collective payment: a) The Provider offers a function allowing third parties (team members) to pay partial amounts directly to the Provider. b) These payments are credited to the project account. c) Creation of the print file (see § 3 (4)) only begins once the total amount is fully covered. If the project is underfunded, the organiser must pay the difference. d) If the project does not go ahead (cancellation before print approval), amounts paid will be refunded to the respective payers to the original payment method.

(1) Grant of rights: The User retains all rights in the uploaded content. However, the User grants the Provider a non-exclusive, worldwide, perpetual right to use, reproduce, and store the content for the creation, processing (including AI-based processing), and production of the books. (2) Responsibility: The User warrants that they are the sole rights holder in all uploaded content or have the necessary rights of use (including consent of persons depicted). (3) Purpose limitation of processing: The Provider warrants that uploaded personal images will not be used to improve third-party AI models (training) where this can be ruled out technically through appropriate contracts with the AI providers (e.g. enterprise-level agreements). (4) Indemnity: The User shall indemnify the Provider against all third-party claims arising from infringement of their rights (in particular copyright, personality, and trademark rights) by content uploaded by the User. This includes reasonable costs of legal defence. (5) Reference use: The organiser grants the Provider the right to make the produced book or excerpts (e.g. cover, sample inside pages) publicly available as reference samples on its own behalf (e.g. on the website or social media). The organiser warrants that they have obtained the consent of persons depicted. Right to object: The organiser may object to such use at any time in text form (e.g. by email) with effect for the future. If the Provider receives an objection, it will remove the relevant displays without undue delay.

(1) The User acknowledges that when using automatic design or processing features (e.g. styling, cut-out), visual artefacts or technical deviations may occur. (2) Deviations of the processing result from reality do not constitute a defect under warranty law. (3) The User must check all automatically processed content for accuracy and appropriateness before print approval (§ 3 (4)).

(1) Exclusion of the right of withdrawal: Under Section 312g (2) No. 1 BGB, there is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose manufacture an individual choice or determination by the consumer is decisive, or which are clearly tailored to the consumer's personal needs. (2) Because the Provider's service (creation of the individual print file) begins immediately after conclusion of the contract and payment, the right of withdrawal expires early once the Provider has begun performance, provided the User has expressly consented to this. (3) Once print approval has been granted, cancellation or withdrawal is finally excluded.

The goods delivered remain the property of the Provider until all claims under the contract have been paid in full.

(1) The statutory rights in respect of defects apply. (2) The Provider is not liable for errors that the organiser could have detected when granting print approval (§ 3 (4)) (e.g. typos, blurry images). (3) The Provider is liable for damages only in cases of intent and gross negligence. In the event of breach of essential contractual obligations (cardinal obligations), the Provider is also liable for slight negligence, limited to foreseeable, typical contractual damage.

(1) If Users are minors, they warrant that they act with the consent of their legal guardians where use involves payment (Section 110 BGB). (2) When inviting minors to the team, the organiser undertakes to ensure that their legal guardians agree to the processing of data and use of images.

(1) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. (2) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention (CISG). (2) Should individual provisions of this contract be invalid, the remainder of the contract shall remain effective.