Dayn Media GmbH

Effective: April 2025

1. Scope of Application
These General Terms and Conditions (GTC) apply to all business relationships between Dayn Media GmbH (hereinafter referred to as “Provider” or “we”) and our customers (hereinafter referred to as “Customer” or “you”), arising from the use of our advertising services in the field of digital out-of-home advertising (DOOH). This includes the provision of 55-inch, 43-inch, 32-inch, and POS (Point-of-Sale) counter area screens.

2. Conclusion of Contract
The contract is concluded upon written confirmation of the order by the provider or upon the actual execution of the service. All offers are non-binding and subject to change, unless otherwise explicitly agreed.

3. Services
The provider offers advertising services in the field of digital out-of-home advertising (DOOH) and provides screens in various sizes:

55-inch screens for large advertising units and outdoor displays
43-inch screens for medium-sized spaces and targeted campaigns
32-inch screens for smaller, compact advertising spaces
POS screens for use in counter areas and checkout points to facilitate direct customer interaction
The exact specifications and technical details of each screen, as well as the corresponding advertising measures, will be defined in the individual contract.

4. Prices and Payment Terms
All prices are exclusive of the statutory value-added tax. Payment terms are individually agreed upon in the contract. Payments must be made within the period specified in the contract without deductions. In case of late payment, interest will be charged at 5% above the base rate of the European Central Bank, unless higher damages are proven.

5. Customer’s Rights and Obligations
The customer is responsible for designing the provided content (e.g., advertising clips) in accordance with legal requirements and ensuring that they do not infringe on third-party rights. The customer is liable for all claims arising from the use of the provided content.

6. Usage Rights
The customer grants the provider a non-exclusive, time-limited, and geographically limited right to use the content provided by the customer for the agreed duration and in the agreed media. The rights to the created advertising measures remain with the provider unless explicitly stated otherwise.

7. Liability
The provider’s liability is limited to intent and gross negligence. For damages resulting from slight negligence, the provider is only liable if essential contractual obligations (cardinal obligations) are violated. In no case will the provider be liable for lost profits or indirect damages.

8. Processing and Delivery
The delivery of advertising services is carried out in accordance with the terms specified in the contract. The provider is not liable for delays caused by force majeure or unforeseeable and unavoidable circumstances (e.g., technical disturbances, delivery delays from third-party providers).

9. Termination
A termination of the contract is only possible in the cases specified in the contract and under compliance with the agreed deadlines. In the case of early termination by the customer, which is not based on the fault of the provider, the provider’s claim to the full agreed fee remains in effect.

10. Data Protection
The provider collects and processes the customer’s personal data solely in accordance with applicable data protection laws and the privacy policy, which can be accessed on the provider’s website.

11. Jurisdiction and Applicable Law
German law applies. The place of jurisdiction is Berlin, provided that the customer is a merchant, a legal entity under public law, or a public-law special fund. For consumers, the statutory provisions on jurisdiction apply.

12. Severability Clause
Should any provision of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a valid provision shall be agreed upon that most closely reflects the economic intent of the invalid provision.

13. Final Provisions
Amendments and additions to these GTC must be made in writing. Oral side agreements do not exist. These GTC also apply to future business relationships, even if they are not expressly agreed upon again.

Dayn Media GmbH
Berlin, April 2025