TERMS AND CONDITIONS

SnapCube® General Terms and Conditions (GTC)

SnapCube® is a brand of SnapNext GmbH & Co. KG (hereafter referred to as SnapNext). Under the SnapCube® name, we rent and sell customizable and expandable photo and video box systems as well as interactive web apps for events and digital campaigns.

§1 Scope & Contract Language

1. These GTC apply to all contracts and agreements you enter into with SnapNext (Rommerskirchener Straße 21, 50259 Pulheim) in connection with products and services of the SnapCube® brand.

2. B2B-only: SnapNext enters into contracts for services provided under the SnapCube® brand exclusively with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Consumers within the meaning of Section 13 BGB are excluded from using our services; no contracts are concluded with consumers.

3. By accepting an offer or receiving a service from SnapNext, you acknowledge these GTC.

4. Divergent or additional terms from you will not become part of the contract unless agreed in writing by the management of SnapNext.

5. Individual agreements (including supplements and collateral agreements), if documented in writing, take precedence over these GTC.

6. These GTC apply without further notice as a framework agreement for all future orders and contracts between you and SnapNext.

7. The contract language is German (Note: A translation into English is provided for informational purposes only and is not legally binding).

   
   

§2 Offers, Contractual Partners and Conclusion of Contract

1. The contracting parties are SnapNext on the one hand and you as the client on the other hand, exclusively acting as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).

2. The prices and services shown on our websites or in promotional materials are non-binding and subject to change. They serve informational purposes and do not constitute a legally binding offer.

3. A contract with SnapNext is only concluded when we receive and confirm your written or verbal agreement to our offer. The contract comes into effect upon receipt of your order confirmation by us.

§3 Scope of Services, Services & Configuration

1. SnapNext provides services in the areas of graphic design, software development, recording, reproduction, and distribution of image and sound recordings as well as the provision of the associated technology and environment - each according to the services agreed with you and booked options. The nature, location, time, and scope of services as well as specific customer requests are stipulated in the respective contract or order confirmation. Promises that alter or expand the agreed service scope are only valid if confirmed in writing by the management of SnapNext or an authorized person.

2. The specific scope of services of the order is derived from our offer or the order confirmation. It defines which products, modules, and services we provide for you. SnapNext does not owe a specific success within the meaning of a work contract - we provide the agreed service, but do not guarantee a specific outcome (e.g., a certain number of visitors or a specific advertising impact).

3. We offer a modular service concept. Depending on the booked package, various additional services can be part of the project. Examples include:

   
   

   • AI-assisted image processing (e.g., AI filters, background replacement, face swap effects),

   • WebApp modules (e.g., online photo box for hybrid events),

   • digital add-ons (e.g., email dispatch of photos, contest modules, live galleries, data exports to CRM systems),

   • design and branding services (custom overlays, housing branding, landing pages etc.),

   • event logistics (delivery, setup and dismantling, transport, accommodation),

   • support options (telephone support, on-site support, remote maintenance).

     These additional options are only part of the contract if they are explicitly listed in the offer/contract. You can customize your service package individually.

   
   

4. SnapNext is entitled to utilize third parties (subcontractors) to provide services, provided we fulfill the contractual obligations towards you.

5. The configuration and customization of our systems occur according to your booking: Depending on the chosen scope of services, for instance, the housings of photo boxes, printouts, screen content, landing pages, web apps, backgrounds, counter systems, photo floors, video and audio recordings, etc., can be freely designed. The prerequisite is that your content complies with the ethical, legal, and business principles of SnapNext, as well as applicable law.

6. Graphic design services: If we are commissioned for graphic design, we create a draft that you must review promptly. Additional drafts are not included in the fixed price and will – if desired by you – be charged additionally according to our price list.

7. Approval of layouts: We commence the implementation of printing or production parts (e.g., layout printing, housing foiling) only after your written approval (e.g., via email). This approval is binding – so please ensure all details are correct. We accept no liability for errors you have overlooked in approved drafts; any corrections after approval are at your expense.

8. Design provided by the client: If you choose to provide your own designs or engage a third party, you must adhere to all technical specifications and design guidelines provided by SnapNext (refer to our "ReadMe" PDF template). Failure to comply with these requirements releases us from our obligation to perform to the extent that we are not required to process faulty material. The templates and instructions provided by us remain the intellectual property of SnapNext.

9. Responsibility for content: You alone are responsible for ensuring that all data and content you provide (images, logos, text etc.) are legally permissible, correct, and complete. This pertains notably to copyright, trademark rights, personal rights, or other rights of third parties. If you breach this duty, you indemnify SnapNext against all claims from third parties in this context. In other words: If any claims are filed against us by third parties due to content you provided, you bear the responsibility and any associated costs.

§4 Deadlines for Preparation & Collaboration

To ensure a seamless process, you are obligated to provide us with necessary information and materials in a timely manner. Only then can we fully and promptly deliver all services. Specifically, the following lead times apply (unless otherwise specified in the offer):

• Graphic files (layout, branding, print files):

  • Background print (for backdrops, greenscreen etc.): 21 days before the start date

  • Layouts/brandings (overlays, logos, print layouts): 21 days before the start date

• Event information (exact event data, location, schedule, on-site contact person): 5 business days before the start date

Please adhere to these deadlines. If there is a delay in delivering the necessary content or information or if you fail to meet your collaboration duties (see §6), we are relieved from our performance obligation to the extent that we do not guarantee that, despite late delivery, everything will be implemented as planned.

All our written offers are only binding within the specified validity period. If you accept an offer after this period has expired, we require a new confirmation.

Important: If you do not comply with the above deadlines and duties, it may happen that we can no longer provide certain services on time (e.g., printing of personalized backgrounds). In such cases, our performance obligation for the respective points lapses, yet our remuneration claim remains (provided we have informed you of the deadlines).

§5 Cancellation Conditions and Contract Termination

1. Cancellation by you (client): If you wish to terminate or cancel an already awarded contract before the service is rendered, this does not automatically release you from the agreed payment. Depending on the time of cancellation, we will invoice you a portion of the bid amount (net) as follows:

   
   

   • Cancellation up to 6 weeks before the agreed start date: 10% of the bid amount

   • Cancellation up to 4 weeks before the start date: 20% of the bid amount

   • Cancellation up to 3 weeks before the start date: 30% of the bid amount

   • Cancellation up to 2 weeks before the start date: 50% of the bid amount

   • Cancellation up to 1 week before the start date (or shorter): 100% of the bid amount

   
   

   Already incurred fees, working hours and special services or custom products (e.g., individually produced backgrounds, design work, programming) are always to be paid in full, as they have been rendered independent of the event.

   
   

2. Termination for good cause: Regardless of the aforementioned cancellation fees, each party may be entitled to immediate withdrawal or termination for good cause. A good cause exists in particular, if the other contractual partner grossly violates contractual obligations. Important reasons for SnapNext include:

   
   

   • if you fail to make due payments despite reminders,

   • if you consistently fail to cooperate during the preparation or execution of the event (e.g., repeatedly failing to provide necessary information),

   • or if circumstances arise at the event that make continuation unreasonable (see also §13 performance disruptions and §14 liability).

     For you as a customer, important reasons may include if SnapNext fails to deliver essential contractual services despite reasonable deadlines being set.

   
   

   In the case of a justified immediate termination, mutual future obligations lapse, but already provided services must still be settled. Costs or remuneration claims for partial services from SnapNext remain valid even in case of termination for good cause, provided the reasons are not attributable to SnapNext.

§6 Duties of the Organizer (Collaboration Duties)

For the successful use of our SnapCube systems and services, your active collaboration is required. Therefore, we expect the following obligations from you as the organizer and client:

• Cooperation: You support our team as needed and reasonably during the planning phase and event execution. Please ensure that a responsible contact is available to resolve queries or make decisions.

• Access to the site: You permit and facilitate access to the setup and installation location of the equipment for us and our staff (or appointed third parties). Our team (usually 1-2 persons) requires access during setup and dismantling, as well as during the event, to perform maintenance or interventions if necessary.

• Instructions to participants: Inform your event participants that our equipment is set up at the location and should be handled carefully. Especially photo box systems, lighting, cables, and tripods must not be moved or manipulated unauthorized. You must explicitly inform guests of any potential hazards (e.g., trip hazards from cables or tripods).

• No continuous monitoring: Unless continuous supervision by us is expressly booked (see §13 Support & Supervision), there is no claim for constant monitoring of the equipment by SnapNext. Our photo boxes are designed to function autonomously. However, you are responsible for keeping an eye on the device when no SnapNext staff is present onsite.

• Venue with third parties: If the equipment is used in third-party premises (e.g., rented event locations, trade fair halls), you must obtain the necessary permissions in advance so that we can set up and operate our equipment there. Also, ensure that all location requirements (e.g., fire safety regulations, floor protection for technology) are being met.

• Electricity and Internet: You are solely responsible for providing a adequate power source and - if contractually specified - a functional Internet access at the event location (details see §7 Technical Requirements and §8 Internet Availability). If special connections or access details are required on site, please address them in advance timely.

• Guest briefing: If necessary, our team or an appointed representative of SnapNext will brief the participants onsite regarding the proper usage of the photo box (SnapCube, Loop etc.). You actively enable and support this briefing (e.g., by pointing out the briefing at the beginning and organizing access to microphone/speaker if a public announcement is desired).

• Interruption due to danger: SnapNext is entitled at any time to discontinue use and dismantle the equipment if the necessary conditions for safe operation do not exist. Examples: extreme weather (rain, storm during outdoor use without protection), vandalism or threat of violence, repeated improper use despite instruction, power failures, or dangerous voltage fluctuations. This measure is for the safety of people and equipment. In case of such occurrence, we reserve the full remuneration claim, provided the reasons are beyond our control.

• Accommodation if necessary: Should our team require accommodation due to distance or deployment times (e.g., multi-day events, very long arrival), you agree to arrange it with us timely. Ideally, you provide suitable accommodation or cover the accommodation costs as agreed.

• Other contributions: You also assist us with all further acceptable actions necessary for performance provision - for instance, obtaining photo/filming permits at certain locations, providing parking permits or access cards, etc.

§7 Technical Requirements at the Deployment Location

For our technology to function properly, the event location must meet certain technical requirements. Please ensure that the following conditions are given at the setup location or prepared in timely manner:

• Power supply: A standard Schuko socket (230 V) with at least 0.6 kW available power must be present, ideally not more than 5 meters away from the photo box setup location. (For larger setups like the Loop or multiple devices, more circuits are required - this will be coordinated with you in advance.)

• Background (for photo boxes): If you haven't booked a background system with us, please provide a reflection-free background of at least approximately 1.80 meters wide and 2 meters high (e.g., a solid-colored wall or cloth panel) in front of which photos can be taken. A matte, non-reflective background is optimal.

• Space requirement: Depending on the booked product, a specific minimum area is required for the setup, which must be clear and accessible (and must not block escape routes):

  • For the SnapCube (Photo-Box), we recommend at least 6 m² of free space.

  • For the Loop-Rig (GIF-Booth LOOP), we recommend at least 9 m² of free space (especially as a camera circle is set up here).

    (Note: Exact measurements and technical data of the devices can be requested from us if required.)

• Accessibility: A barrier-free access to the setup location is desirable (e.g., ground-level entry or elevator if applicable). If there are obstacles (stairs, narrow passages, no elevator), please inform us in advance. Additional time or personnel may need to be planned for setup if an elevator is available, please clarify the dimensions and load capacity of the elevator with us beforehand to ensure our equipment fits.

• Environmental conditions: The setup location should be weather-protected – direct rain, snow, or continuously strong sun should be avoided (at outdoor events therefore please provide a tent/canopy or a covered area). The surface must be firm, level, and dry so that our devices stand securely and are not damaged. The temperature should ideally range between 10°C and 30°C during operation (extreme heat or cold can impair technology). Keep the area around the devices free of heavy vibrations or shaking (e.g., do not set up directly next to large speaker boxes) and away from open fire or extremely dusty environments.

• Internet connection: If an internet is required for booked services (e.g., for live uploads, online galleries, web apps, AI features – see §8), a functional WLAN or LAN access with internet must be available at the deployment location. Please provide us with the access data in timely manner. If internet is not available on site, consult us; with your agreement, we can bring a mobile LTE hotspot (see §8 Internet availability).

• Parking space: Please provide a parking space (ideally for a transporter or car with trailer) at a maximum distance of 100 meters from the setup location so that we can conveniently deliver the equipment. If this is not feasible (e.g., city-center location without parking), please inform us beforehand in detail about the loading and parking situation. If necessary, we need extra time or tools for transport.

All mentioned requirements should be fulfilled at least by the time of our arrival at the event location. If important prerequisites are missing (no power, no access, significantly insufficient space, etc.), it lies within our discretion to refuse or delay setup until conditions are met - the responsibility for this and any resulting waiting times or costs lies with you.

§8 Internet Availability

For many of our services, a stable internet connection is essential. Please consider the following:

• Necessity: Services such as live uploads of photos/videos, email sending of media, web app functions, AI-based image processing in the cloud or live galleries require reliable internet access during the event. In our offer, we indicate whether and which modules necessitate internet.

• Customer responsibility: You are responsible for providing a sufficiently fast and stable internet connection at the event location if that is necessary for the booked services. Ideally, a dedicated LAN/WLAN access with high bandwidth is available. If the venue offers internet, clarify in advance if the capacity is sufficient for our purposes (especially upload speed if many data needs to be transferred).

• Mobile hotspot (optional): If appropriate internet is not available on site, we can provide a mobile LTE hotspot upon agreement (see also §7). However, note that the speed and stability of a mobile hotspot depend on the network coverage at the event location and cannot be guaranteed. We typically use LTE/5G with a typical range of around 5-10 meters around the photo box. A hotspot enables direct upload of photos/videos and remote maintenance by us, but higher latencies might occur.

• Disclaimer for internet issues: If no or insufficient internet connection is available (either because there's no network on site or provided WLAN fails), certain functions of our system can be restricted or unusable (e.g., email sending may be delayed until after the event, no real-time uploads, delays in AI processing etc.). Such circumstances are beyond our control, provided we have informed you in advance about the necessity of an internet connection. A failure or lack of internet does not entitle you to reduce the payment, if the fault is not attributable to us.

• Data protection for internet services: For all internet-based functions, we ensure data protection and security (see §18/§19 Data protection). Nevertheless, you should ensure that, for instance, event wifi access codes are not distributed unauthorized to avoid connection capacity being burdened by unauthorized users.

In summary: Many things won't work without internet! Please make sure that either network is available on site or book a hotspot with us timely if you're unsure. We are happy to advise you in advance.

§9 Copyright & Usership Rights to Photo and Video Recordings

In connection with our photo boxes and camera tools, digital (and possibly analogue) recordings are created. The rights are regulated as follows:

• Copyright at SnapNext: All photo and video recordings created with our devices or through our services are initially subject to SnapNext's copyright. This means that we (or our commissioned photographers or systems) are the creators of the works within the meaning of copyright law.

• Granting of usage rights to you: After full payment of the agreed remuneration, you as the customer receive a simple usage right to all recordings created during the event. This usage right particularly includes the right to use the photos and videos for your purposes, to distribute them to third parties (e.g., guests, sponsors, or on social media) and to publish them. Commercial further use by you is also permitted unless otherwise agreed.

• Retention of original data: All original data/files of the digital recordings remain with SnapNext. This means we store the raw data (photos, videos) on our systems. The core product – i.e. the final photos (and possibly video/GIF files) – we provide to you within 10 business days after the event's end in an appropriate form, usually as a download link.

• Release of other data: We are not obligated to provide you beyond raw data, project files, or other storage media unless expressly agreed in writing. (Example: Unprocessed photos, layout files, or software are only to be handed over if we have contractually stipulated it.)

• Responsibility upon publication: When you receive the recordings and publish them yourself or distribute them to third parties, you are responsible for their proper use. Specifically, you are responsible for using the recordings only within the legally permissible framework (see §10 image rights & data rights) – for instance, ensuring not to violate personal rights or to remove logos unlawfully. Should third parties make claims against you due to your use of the images, you must defend these claims yourself.

• Sponsors and branding: If sponsors are involved in the project (e.g., sponsor logos on the photos), you may not change the created photos before publishing or distributing them, unless explicitly allowed by the sponsor. Removing or modifying sponsor logos on images is only with explicit sponsor approval allowed. (Background: Sponsors often only approve unaltered publication to keep their logos visible.)
  
  

§ 9a Shipping, Delivery, and Liability for Delayed Transport/Delivery

In connection with the shipment or delivery of our devices and services (e.g., photo boxes, accessories, or other materials), the following regulations apply:

• Shipment and risk transfer: If rental, purchase, or other shipments are scheduled for service provision on a defined deployment or event date, we will normally choose suitable shipping and logistic rates with sufficient lead time. After the sent objects or devices have been handed over to the shipping service provider, carrier, or another third party – or in international shipments, customs/import clearance begins – all risks (delay, loss, damage) transfer to you as the client.

• Liability disclaimer for delays: Delays, failures, or deliveries that do not arrive on time at the event location due to transport, customs, or import processes by third parties beyond our control do not constitute liability on our part and do not authorize reduction in payment.

• Cost regulation and substitute delivery: In these cases, you bear all incurred logistics and shipping costs as well as any additional expenses. Automatic cancellation of the booked service is excluded; possible postponement or substitute delivery can be negotiated individually.
  
  
  

§10 Image Rights of Participants & Handling of Recordings

The use of our photo box by your guests and the resulting recordings raise some legal questions. The following regulations apply here to secure both you and us:

• Participant consent at the photo box: By pressing the trigger on the photo box or camera, the respective user implicitly declares his/her consent to be photographed or filmed. This also applies to people who are in the shooting area of the SnapCube (group photos, etc.). Guests typically know that they are being photographed – by pressing the start button, they consent to the recording.

• User responsibility: Users are solely responsible for the content of the captured images. So, if a guest at the photo box does something unauthorized (inappropriate gestures, holds copyrighted motives in front of the camera, etc.), the responsibility lies with the guest or ultimately with the organizer, not with SnapNext. We only provide the technology.

• Background elements: Items or people that appear incidentally in the background of pictures are considered insignificant elements under §57 UrhG. This means they step legally into the background and are permissible, as long as they are not the main focus of the image.

• Use for third-party advertising: If you (or a sponsor/partner of yours) want to use the recordings made with the SnapCube for advertising purposes (e.g., publish them in an advertising campaign, social media, flyers), you must ensure that the identifiable individuals on them agree. Principle: A written consent from the portrayed individuals or their legal guardians/caregivers must be obtained if the material is used for third-party advertising (e.g., sponsors).

  • At public events (e.g., trade shows, publicly accessible events), it is usually sufficient to clearly indicate that the photos will be used for advertising purposes (e.g., via a badge at the photo box stand indicating such use).

  • If, despite such notice, a user subsequently complains about being visible in a published image, you as the organizer are obliged to take care of the resolution (e.g., possibly remove the image from the advertising campaign).

• Minor participants: Note that parents are liable for their children. We do not check the age of photo box users (we cannot and must not do that on site). It is your responsibility as the organizer to ensure if necessary that minors are photographed only with parent consent or if parents are present. In practice, this is rarely problematic (family celebrations, etc.), but keep an eye on it at publicly accessible events with children.

• Deletion of recordings: Subsequent deletions or sorting out of individual photos/videos at your request are associated with significant effort and therefore only possible in exceptional cases – for instance, if there have been serious violations of personal rights or prohibited content has been recorded (e.g., symbols banned by the constitution). In such cases, contact us immediately, and we will see what we can do. Normally, however, recordings are not manually checked or deleted by us.

• Deletion by SnapNext: SnapNext reserves the right to immediately delete individual recordings if there is a valid reason – such as ethical, legal, or political concerns. Decisions on this matter are made by our on-site staff or our representative according to good judgment, ideally in consultation with you as the customer. (Example: A guest shows an obscene gesture or politically extremist symbol on a photo – we are allowed to remove such images.)

• Review before publication: Both you and your guests should independently review the photos taken before publication or distribution for legal conformity. Pay special attention to not violating personal rights of third parties, privacy, or the right to one's own image. We recommend, in case of doubt, asking for permission from the relevant individuals before publishing or refraining from publishing problematic images.

• Double-Tap Sharing (Image Usage Right): Our SnapCube photo box optionally features a “Double Tap” function. By double-tapping the trigger, users can automatically grant the organizer (i.e., you) an unrestricted usage right to their just-taken photo. If this feature is activated and attendees use it, you may freely use the respective images for your purposes. (Note: This is typically explained by a brief text in the app before the second tap is made.)

• SnapNext self-promotion: We are pleased to showcase successful projects as references. Therefore, we reserve the right – after prior consultation with you – to take our own photo and video recordings of your event or to use selected results from your event for our commercial purposes (e.g., on our website or in presentations). Naturally, we respect the personal rights of the depicted individuals: for instance, we primarily choose images where people are incidentally seen from behind or obtain permission if necessary.

• Analysis and use of usage data: SnapNext also reserves the right to technically analyze and evaluate each recorded file and process the obtained data further – both for our own purposes and on your behalf. This includes creating reports and statistics (number of photos, usage times, etc.), transmitting entered user data (email addresses, survey responses etc.) to you as the client and image data analyses (e.g., for marketing purposes or to improve systems). Important: You need to ensure that no rights are violated through such usage – especially that your guests are informed and may have given consent e.g., in the context of a privacy/participant notice. (Refer to data protection §19: You are the controller for end-user data.)

  
  

§11 Remuneration, Payment Terms, Retention of Title

1. Prices and VAT: The agreed remuneration specified in the contract applies. All prices named by SnapNext are exclusive of the applicable statutory value added tax (VAT), unless expressly stated as gross prices. Our offers indicate VAT. With your payment of the remuneration, the usership rights to the images according to §9 (2) are also accounted for – meaning no additional fee is required for image usage.

2. Advance payment: SnapNext is entitled to request an advance payment of up to 50% of the total remuneration (plus VAT) upon contract conclusion, against invoicing. If the agreed advance payment is not made within 14 days (at the latest 5 days before the event date) after the invoice date, SnapNext is entitled to withdraw from or terminate the contract. (In plain language: Without timely advance payment, we are not obligated to perform the service.)

3. Composition of remuneration: The remuneration consists of the payment for the agreed service (e.g., daily rental of the photo box, flat rates for web apps, etc.) and all booked additional options at the specified fixed price, unless otherwise stipulated. Services charged by time (e.g., design or project hours) are also billed according to agreement. Our price lists and offers provide information here.

4. Estimations and additional effort: Unless otherwise stated, the total prices and time/duration indications given in offers and order confirmations are non-binding estimates based on your information. If it becomes apparent during implementation that more time or additional effort is necessary (e.g., extension of deployment time, additional print media, higher consumption, extra setup or dismantling times), SnapNext is entitled to bill these additional services retroactively, and you are obliged to bear the additional costs. Shortening the agreed deployment duration on your part (e.g., early dismantling at your request) does not entitle you to a price reduction – the full contract price remains owed.

5. Time shifts at the event: If start or end times of your event are postponed or delays occur, and thus additional times (overtime) or waiting times for our team accumulate, you are obligated to compensate these according to our current price list (example: event runs 2 hours longer than planned – these overtime hours are billed according to the agreed hourly rate).

6. Performance disruption beyond our control: If due to environmental influences or technical complications that are not attributable to SnapNext (e.g., power failure at the venue, internet outage, force majeure, official orders, pandemic restrictions, delivery difficulties through third parties), setup and use of equipment are not or only limitedly possible, you are still obliged to pay the full contractually agreed remuneration. We strive to limit damage in such cases and support you (see §13 Support), but payment waiver in such cases is excluded.

7. Due date and payment: Our services are due immediately after the service is rendered. You will usually receive our final invoice on the event day or shortly afterwards. This invoice must be paid immediately, at the latest within 14 days after receipt without deduction, unless otherwise agreed in writing. Discounts or reductions are only allowed upon explicit agreement. You will be in default without further reminder if you do not pay within this 14-day period – no additional payment notice is required. From the onset of default, default interest accrues at the statutory rate (base interest rate plus legal surcharge, currently the statutory default interest rate).

8. Billing recognition and review duty: Our invoices are deemed accepted by you if you do not dispute them in writing within 2 weeks after receipt. Therefore, please review the invoice in a timely manner. If a mistake is discovered after the two-week period has elapsed (e.g., number errors or incorrect position), we will of course correct it – both you and we can request a correction of the invoice if a statutory claim exists (e.g., correct obvious errors).

9. Default and consequences of default: After the payment deadline (see point 7) has passed, you automatically enter default, without needing a reminder. During the default, the outstanding invoice amount is subject to interest at the applicable statutory default interest rate (5 percentage points for consumers, 9 percentage points for entrepreneurs over the base interest rate, unless another regulation applies). SnapNext reserves the right to claim damages caused by delay (e.g., legal pursuit costs). For business customers (entrepreneurs), our claim for the commercial maturity interest (§ 353 HGB) remains unaffected.

10. Set-off and retention: You can only set off undisputed or legally established counterclaims against our demands. You can only exercise a retention right if it is based on the same contractual relationship. In other words: Other claims against us do not entitle you to refuse or reduce payment for SnapCube services unless we have acknowledged the claims or a court has established them.

11. Retention of title: Delivered goods (e.g., if you purchase equipment or receive printed materials) remain our property until full payment of the purchase price. In rental and borrowed equipment, you do not acquire ownership; here we expect the equipment to be returned undamaged after the event or picked up by us.

(Note: Any travel, logistics, and overnight costs are indicated in our offer or billed separately by arrangement. Also refer to §6 (Accommodation) and §13 (Event Logistics). For more distant event locations, additional flat rates for travel per km or overnight stay may apply. These are contractually agreed upon and listed on the invoice.)

§11a Recurring Services (Subscriptions), Term, Extension, and Termination (B2B)

1. Scope of application (entrepreneurs only): This regulation applies exclusively to clients who are entrepreneurs within the meaning of § 14 BGB.

2. Subscription services / billing period: Recurring services (“subscription services”) particularly include server/hosting services, web app and digital services, AI modules, support packages, and license services, as described in the offer or order confirmation. Billing occurs in the agreed billing period (e.g., monthly or annually for 12 months).

3. Term: The initial contract term is indicated in the offer/order confirmation.

4. Automatic extension: Unless the subscription is terminated on time, it automatically extends by the agreed billing period (e.g., another 12 months) under the last agreed conditions. Non-use of subscription services does not replace termination.

5. Notice period / form / access: Ordinary termination is possible in text form (§ 126b BGB) with a notice period of 4 weeks to the end of the respective billing period. Text form is particularly met by email to hey@snapnext.de. Relevant for compliance with the deadline is the access of the termination at SnapNext. (Note: “written” as per § 126 BGB is not required.)

6. Invoicing and due date: Deviating from §11, fees for subscription services are invoiced at the beginning of the (extension-)billing period unless otherwise stipulated in the offer. Payment deadline, default, and consequences follow §11.

Payment default / performance suspension: In case of payment default, SnapNext is entitled, after reminder, to temporarily suspend or restrict subscription services until full settlement of outstanding claims. The right to terminate for good cause remains unaffected (see §5 and §11).

§12 Performance Disruptions and Termination of Use

Despite careful planning, disruptions may occur during the process. Here we regulate who is responsible in which cases:

• Disruptions by you or third parties: If performance disruptions are caused by your behavior or other participants of the event (e.g., lack of participation, hindering our staff, damage to technology by guests), our claims for payment remain unaffected. This means such disruptions do not release you from the payment obligation – and if additional costs arise as a result (e.g., repairs, replacement of consumables), we can bill these additionally.

• Disruptions by SnapNext/technical errors: If performance disruptions are due to technical problems with our devices or errors by our staff, we will endeavor to remedy the error as quickly as possible on site. If, after evaluation by our technician, the disruption cannot be resolved in reasonable time, we will bill the service up to that point (i.e., you pay only for what was provided until the failure). There is no claim for remedy or renewed use (remedy) at a later time unless we agree on something out of goodwill. Self-repair attempts by you (your own technical interventions at the device) are excluded – please leave technical modifications to us.

• Termination right by SnapNext: SnapNext is entitled at any time – regardless of the originally agreed usage duration – to disassemble its equipment and terminate the service if due to your fault or behavior of event participants remaining of our equipment and staff until event end is unreasonable. Important reasons for this can include:

  • gross improper handling of the equipment despite instructions,

  • deliberate disregard of safety instructions,

  • endangerment of the equipment or our staff (due to aggressive behavior, vandalism),

  • serious contractual violations on your part during the event.

    The assessment of whether termination is necessary lies with our on-site staff in coordination with SnapNext's project management. In such cases, we retain all payment claims – there is no refund for unused remaining time as the termination was provoked by contract breaches. Any potential damage claims against you (e.g., in case of damage, see liability) also remain unaffected.

• Plan changes by the customer / force majeure: Should you undertake planning errors, spontaneous program changes, or shifts (e.g., spontaneously shifting the event by one day) or force majeure occurs (bad weather, official prohibition, epidemics, etc.), there is no claim for free postponement of our service. We strive to react flexibly, but the contractually agreed schedule applies in doubt. If, for example, removal due to timing needs to be postponed to a later date (causing additional expense), we can bill this effort. Generally, we recommend seeking an amicable solution in case of force majeure – we are cooperative, but legally free cancellation or postponement is not guaranteed (see cancellation conditions §5).

§13 Support and On-site Supervision

We want your event to run smoothly. That's why we offer various support and supervision services. Depending on the booked service, the following regulations apply:

• Standard operation without permanent supervision: Our photo box systems are fundamentally self-explanatory and designed for autonomous operation. Standardly (especially with self-service packages), no permanent staff from SnapNext is planned to be onsite. We ensure that you or your team receive a thorough briefing in setup, disassembly, and operation in advance. During the event, operation and supervision lie in your responsibility (also refer to §6: no uninterrupted monitoring). We ensure that technology is ready and all booked features are set.

• Telephone remote support: When included in the package or agreed additionally, our team is available via hotline/phone for technical support. During our business hours (usually 09:00–18:00), you can call us with problems and we provide remote assistance (error analysis, restarts via remote maintenance etc.). This basic support is included in many packages. If you want outside of business hours (e.g., late evening, weekend) guaranteed telephone standby service, we offer support packages which are charged separately (refer to offer, e.g., “Standby Support outside business hours”). Anyway, we provide contact details in advance and explain the support procedure to you.

• Remote maintenance: Many of our devices can be maintained remotely via the internet. Provided adequate internet connection, we can often directly access the system in case of problems, check settings, and if necessary, adjust them, without being physically present. We also offer a preventive quality check via remote maintenance shortly before event start (check price list: e.g., one-time quality control). This can help identify potential misconfigurations timely.

• On-site supervision by staff: You can book trained staff for on-site supervision with us. Our employees then take care of setup, supervision during the event, and dismantling of technology. In our premium packages (e.g., SnapCube CUBE Starter, LOOP Starter) often includes up to X hours of continuous technical supervision – see service description. If not, you can book this separately (e.g., “Staff | On-site Supervision” as a daily flat rate up to 10h, or hourly extension). With our on-site staff, you benefit from immediate support in case of technical issues or questions and guests can also be guided. Supervisors can also perform small adjustments (e.g., change printer paper, adjust camera) and generally ensure smooth running.

• Supervision duties in self-service: If you opt for self-supervision (i.e., no SnapNext supervisors are onsite), you take on the responsibility to ensure the devices are used correctly. Please make sure either you or an appointed person (with briefing) regularly checks everything (e.g., if paper runs out, printer status, queue formation, assistance need). We are happy to train your staff beforehand or shortly during setup. Most problems can be avoided when someone has a watchful eye. If a major issue occurs, utilize our telephone support as described above.

• Support limits: We do our best to assist you – but please understand that we cannot guarantee being with you within minutes if something occurs without booked on-site staff. Our hotline usually helps already. For severe technical defects that cannot be resolved remotely, the regulations under §12 (technical performance disruption) apply. Furthermore, we exclude liability for missed opportunities due to minor disruptions (see §14 liability).

• Cost of support services: Unless otherwise stipulated in the contract, typical support activities during the event (telephone consultation, remote maintenance) are included reasonably. Beyond services (e.g., a technician drives out additionally, extended telephone support outside standard hours), we may bill based on effort. On-site supervision staff is always calculated according to offer (daily rates, hourly rates for extension, night surcharges post 0 a.m., etc., as described in offer).

• Event logistics & personnel planning: Upon request, we manage logistics (shipment of technology, setup/dismantling on different days) and can provide additional event staff (e.g., a promoter to animate guests or a truck driver for large transports). These services must be agreed upon in advance and are – if not included – compensated separately. Relevant details can be found in our offer (e.g., kilometer flat rates for travel, overnight flat rates from certain distances, costs for separate setup days etc.).

In short: You get the support you need – but book it accordingly. If comprehensive supervision is important to you, we recommend adding a staff package. If you feel confident handling the photo box yourself, we support you in the background helpfully.

§14 Liability

We are liable for damages only within legal provisions and under the following guidelines:

• No liability for image or personality rights: SnapNext assumes no liability for violations of the rights of portrayed individuals or objects on images/videos created. This means, should you or a guest violate personal rights of third parties (or trademark rights, copyrights on artworks visible on images, etc.) through image use, the responsibility lies with you or the publishing user. As the client, it is your duty to obtain any usage rights beyond simple photographic copyright if you want to use the images (refer to §10 for consents). From the moment we duly hand you the image material, you are responsible for its proper use.

• General liability disclaimer: Any damage claims against SnapNext – regardless of legal grounds – are excluded, unless liability is mandatory by law. This means: We are not liable for simple negligence, except as stated below exceptions. For mild negligence, we notably do not meet liability for consequential damages, lost profits, missed advertising effects, data losses, or other indirect damages.

• Liability for negligence – limitation: In case of simple negligence, SnapNext is only liable for breach of essential contractual duties (cardinal duties), also then in limitation of typical foreseeable damages, but not exceeding the agreed remuneration for the order. Liability for consequential damages is excluded for mild negligence except it concerns violations of life, body, or health of a person. For damages involving life, body, health we are liable unlimited according to legal provisions, even with mild negligence. This liability restriction applies equally to our assistants and employees should you hold direct claims against them.

• No success warranty: SnapNext does not guarantee that the provided service leads to the intended success you plan for. Example: If you use our photo box for marketing purposes and hope for a certain number of leads or social media posts, we don't assure you if such expectations are met. We owe proper service (technology provision and contractually agreed functions), but not economic success.

• No replacement for image data loss: SnapNext does not assume liability for stored image material, especially if image data is lost or damaged after handing over to you. We recommend downloading and saving the supplied data promptly. Our systems typically store photos for limited time; archiving obligation does not exist unless agreed upon.

• Client liability for property damage: You are liable for any alteration, damage, contamination or destruction of SnapNext equipment or property caused by you or attendees of your event. This means if, e.g., a guest knocks over a tripod and breaks the camera, or someone spills a drink inside the photo box, you are obliged to compensate us. You can prove lesser damage than stated – if in doubt, we base on depreciation value of the damaged item.

• Liability exclusion for third parties: If SnapNext's liability is excluded or limited under the above provisions, this also applies equally for personal liability of our employees, representatives, and assistants. No one on our team will personally be liable if the company doesn't.

• Insurance: We have insured our technology, but recommend, as an organizer, considering event liability insurance to cover personal or property damage risk at your event. This is not a contractual requirement, just a well-intentioned suggestion.

(In summary: We are fully liable for gross negligence and intent, limited for mild negligence, and you are liable to us for damaging our equipment by yourself or your guests.)

§15 Subletting and Third-party Transfer

Our services and devices are intended for you and your event. Transfer to third parties is only permissible under conditions:

• No transfer without approval: Without prior consent, you are not permitted to rent or lend the leased equipment (photo boxes, technology) paid or free, unless we have prior written consent. This means the SnapCube equipment should only be used by you or your event.

• Special agreements for subletting: If, in individual cases, we consent to subletting (e.g., you are an agency and want to use the box in our name for your client), we will enter into a separate contract with you specifying subletting terms and conditions.

• Price transparency: We note that our rental prices are publicly communicated (e.g., on our website). In cases of combining SnapCube in a larger package (e.g., as an agency with other event services) and subletting to your end client, we expect our service to remain clearly identifiable and pre-discussed with us. Moreover, we prohibit significant markup in subletting of our product without evidence of the end client's identity – this counters the partnership idea. Discuss openly with us first.

(In short: Ask us before giving our box to someone else. Usually, we'll find a solution, but do not send it without permission.)

§16 Assignment and Pledge Prohibition

Without our prior written consent, you may not assign or pledge claims or rights from this contract to third parties. This particularly concerns payment demands or warranty claims against us. Exceptions only apply if they involve undisputed or legally asserted claims – or you prove justified interest in assignment for important reasons (which also requires prior consultation with us).

§17 Withdrawal Rights in Distance Selling

For entrepreneurial clients, consumer protection provisions on distance contracts (including 14-day withdrawal rights) do not apply, as these are B2B deals. As a business customer, you don't have a withdrawal right if we conclude the contract online or via email. SnapNext also doesn't voluntarily grant this withdrawal right.

(Note: If you exceptionally act as consumer and book our services privately, statutory provisions apply. In such case, we'll inform you separately of your withdrawal rights.)

§18 Data Protection (Personal Data of Customers)

Your personal data protection is taken seriously. All essential points can be found in our privacy policy. Here are key points in contract context:

• SnapNext collects, processes and uses your personal data (e.g., name, contact details, billing address) as needed for business handling and contract fulfillment. These data can be stored on local storage media, in secure cloud systems, and in business operation necessary programs.

• We commit to treating all personal information known during the order confidentially. Passing on to third parties only occurs as necessary for contract completion (e.g., to shipping courier for hardware shipping) or due to statutory obligations.

• All collected personal data are securely (encrypted) transmitted, especially in digital communication. Likewise, we use current security technologies to protect your data from unauthorized access.

(Further details, e.g., on storage duration, rights to information, deletion etc., please refer to our more detailed privacy policy on our website.)

§19 Contract Processing & End-user Data

In the context of our services, data from event participants/users may be gathered or processed (e.g., email addresses of photo box users, feedback responses in web app etc.). Special regulations apply here:

• Responsibility: If personal data of end-users (e.g., guests, participants) is collected via our systems, you are responsible in the data protection legal sense according to GDPR. Meaning, you determine purpose and method of data processing (e.g., use for marketing), ensuring compliance with all GDPR specifications. Notably, it's your duty to obtain necessary consents from participants (e.g., consent to data processing if you send newsletters) and inform them of data processing. We’ll provide texts or notices if applicable during setup, but legal responsibility lies with you.

• Contract processing through SnapNext: If SnapNext processes personal end-user data technically on your behalf (storage, transmission, evaluation), we will enter into a contract processing agreement (CPA) with you under Art. 28 GDPR. This CPA governs data protection-sound processing of participant data by us on your behalf. You will receive such agreement at least at contract conclusion for service (or definitely before data collection) if relevant. Without CPA, we will not process personal participant data for you (except anonymous statistics, see below).

• Anonymous usage data: SnapNext is allowed to track and anonymously evaluate system usage for improvement purposes. Including statistics like photo captures per hour, web app views, drop-off rates, desktop vs mobile use ratios etc. These data are solely for improving our offer, containing no personal details (e.g., analyzing button clicks, not who clicked them). Personalized evaluation doesn't occur, unless explicitly assigned and legally secured.

• Data handover to you / Integration into your systems: We typically provide you the collected participant data (e.g., email lists, survey results) in suitable form post-project – e.g., via CSV/Excel file email. Standardly, you receive a one-time data transfer at project end. Additionally, you decide where answers or data flow during event: On request, we offer direct integrations, e.g., to Google Sheets, Microsoft Excel Online or specific CRM systems. Such integrations need to be initiated by you (i.e., provide login or interface info and task us to set it up). Note: With your setup or facilitation of such integrations, we can't control data flow destinations – you are accountable. We support technically, but data protection setup responsibility lies with you.

• Deletion of participant data: After project ends and data handover to you, we delete collected personal data of event participants within appropriate timeframe unless agreed otherwise with you. (Typically retained briefly for potential post-project demands or support needs, but deleted after legal retention deadlines or per CPA agreement.)

§20 Final Provisions

• Amendments and additions: Amendments or supplements to this contract and GTC require written form and mutual agreement. This applies also to changing this written form clause itself – verbal arrangements lack validity.

• Collateral agreements: There are no verbal collateral agreements outside what's documented in writing. Should any discussion cover deviations, ensure written confirmation for validity.

• Assignment of claims: (for clarity, further to §16) You'll only assign claims from this contract to third parties with prior written consent of SnapNext.

• Applicable law: Exclusively the law of the Federal Republic of Germany applies. Also, in events abroad. UN purchase law (CISG) is excluded.

• Jurisdiction: If you are a merchant in the sense of the German HGB or lack jurisdiction in Germany, SnapNext's location is the agreed jurisdiction. Currently, this is Pulheim (near Cologne) in Germany. For all disputes arising out of or in connection with the contract, the place of jurisdiction shall be the registered office of SnapNext, insofar as legally permissible.

§21 Severability Clause

If any provisions of this contract or GTC are fully or partially invalid or impractical or any become, the validity of remaining provisions shall not be affected. Instead of ineffective or missing provisions, parties commit to finding a valid regulation that most closely meets the economic purpose of the invalid provision. The same applies for contract gaps – to bridge such gaps, we will agree on a solution which fits closest to the parties' will had they foreseen the issue.

Last updated: 01/23/2025