Terms and Conditions

for the provision of services by

Henri Matteo Mache

Dorothea-Erxleben-Straße 56

23562 Lübeck

Germany

Email: hello@clipmarketer.com

(hereinafter referred to as the "Contractor")

towards his customers (hereinafter referred to as the "Client")

1. General

1.1 These Terms and Conditions govern all contracts between the Client and the Contractor for the provision of services, including these Terms and Conditions.

1.2 The Contractor may engage subcontractors in his own name and at his own expense. The Contractor remains the sole contractual partner of the Client.

1.3 In the event of conflicts, individual agreements or service descriptions shall prevail over these Terms and Conditions.

1.4 Deviating terms and conditions of the Client shall not apply unless expressly agreed in writing.

2. Subject Matter and Scope of Services

2.1 The Contractor provides services in the field of clip marketing, short-form video creation, content clipping, content repurposing, distribution, and analysis, in particular via ClipMarketer.com.

2.2 ClipMarketer.com processes Client-provided long-form content to create and distribute short-form social media content. The Contractor does not claim ownership of Client content.

2.3 The specific scope of services depends on the selected package, subscription, or individual agreement.

2.4 Services are provided with due care in accordance with industry standards.

2.5 No guarantee is given regarding marketing results, reach, engagement, follower growth, or revenue.

2.6 The Contractor performs services independently and is not subject to instructions regarding time, place, or manner of performance.

3. Client Obligations

3.1 The Client ensures all provided content is lawful and free of third-party rights.

3.2 The Client is solely responsible for compliance with applicable laws and platform policies.

3.3 The Contractor is not liable for issues caused by unlawful or incomplete Client content.

4. Remuneration

4.1 Fees are based on the agreed pricing or current price list.

4.2 Fees are due after service delivery or per subscription period.

4.3 Invoices are payable within 14 days of receipt.

5. Liability and Indemnification

5.1 Unlimited liability applies in cases of intent, gross negligence, or injury to life, body, or health.

5.2 Liability for negligent breach of essential obligations is limited to foreseeable damages.

5.3 No liability is assumed for platform algorithms, third-party services, or business outcomes.

5.4 The Client indemnifies the Contractor against third-party claims arising from Client content.

6. Term and Termination

6.1 Contract terms are defined by the agreed subscription or contract.

6.2 Termination for cause remains unaffected.

6.3 Client content will be deleted or returned upon termination unless retention is legally required.

7. Confidentiality and Data Protection

7.1 All confidential information shall be treated as such indefinitely.

7.2 The Contractor complies with GDPR and applicable data protection laws.

8. Special Provisions for ClipMarketer.com

8.1 ClipMarketer.com is not a content hosting or streaming service.

8.2 Use is limited to content processing and marketing purposes.

8.3 Abuse, scraping, or circumvention of safeguards is prohibited.

8.4 No guarantee of uninterrupted availability is provided.

8.5 The Contractor may discontinue the platform if required for legal, technical, or economic reasons.

9. Final Provisions

9.1 German law applies, excluding CISG.

9.2 Invalid provisions do not affect the validity of remaining terms.

9.3 Jurisdiction shall be the Contractor's place of business where legally permissible.

10. Online Dispute Resolution

The European Commission provides an ODR platform at: https://ec.europa.eu/consumers/odr

The Contractor is neither obliged nor willing to participate in dispute resolution proceedings.