Terms and Conditions

1. Provider and scope

These General Terms and Conditions apply to contracts with:

They apply to GS Media services in particular in the fields of web development, web design, digital visibility, SEO/SEA/SEM, automation, AI systems and AI agents, digital employees, software and modules, interfaces and integrations, cloud and platform services, licences, subscriptions, support, maintenance, consulting and individually agreed digital projects.

Any deviating terms of the customer apply only if GS Media has expressly agreed to their applicability. Individual agreements take precedence.

2. Consumers and business customers

A consumer is any natural person who enters into a legal transaction predominantly for purposes that can be attributed neither to their commercial nor to their self-employed professional activity. A business customer is a natural or legal person or a partnership with legal capacity acting, when concluding the contract, in the course of its commercial or self-employed professional activity.

Where individual clauses expressly apply only to business customers or only to consumers, this is stated accordingly. Mandatory statutory rights of consumers remain unaffected.

3. Contractual basis and order of precedence

For the specific contract, the following order of precedence applies: individually agreed arrangements and offers, the relevant service or product description, any agreed Service Level Agreement or data processing agreement, these Terms and Conditions and, additionally, the applicable statutory provisions.

Statements in presentations, demos, roadmaps or marketing materials constitute binding quality or performance commitments only if they have expressly become part of the contract.

4. Conclusion of contract

Online shop and customer portal

Product presentations on the website do not generally constitute a binding contractual offer. By completing the ordering process, the customer submits a binding offer. The contract is concluded by express acceptance, order confirmation, activation of the service, activation of the licence or actual provision of the service. A purely technical acknowledgement of receipt constitutes acceptance only if this is expressly stated.

Individual offers and projects

For individually calculated services, the contract is concluded by acceptance of the offer in text form, signature, electronic confirmation or another clearly agreed method. Scope, schedule, remuneration and special requirements are primarily determined by the relevant offer.

For consumer contracts concluded by electronic means, the legally required pre-contractual information and the ordering situation are designed in accordance with the statutory requirements applicable at the time.

5. Service portfolio

Depending on the agreement, GS Media provides consulting services, services, work results, licence services or digital supply services. These may include in particular:

• Web design, web development, CMS/Joomla/WordPress services and technical optimisation,
• SEO, SEA, SEM, content, visibility and marketing measures,
• AI agents, digital employees, chat and assistance systems, research, workflow and automation solutions,
• software modules, connectors, interfaces, API integrations and licensing systems,
• cloud, hosting, support, maintenance and operational services,
• individual conception, implementation, adaptation, training and technical consulting.

A specific commercial result, a specific reach, a specific search-engine ranking, approval by an advertising platform or a specific AI result is owed only if expressly agreed as a contractual result.

6. Individual projects and scope of services

For individual projects, the owed scope is determined by the offer, service description, specifications, project plan or other documented agreement. Additional services not expressly agreed are not part of the original scope of services.

Drafts, prototypes, test environments, alpha/beta versions or previews may represent development stages and do not have to contain the full functionality of a finally approved version if they are identified as such.

Legal reviews of customer-specific business models, content, advertising statements or sector-specific obligations are owed only if expressly and lawfully agreed. Technical implementation does not replace individual legal advice.

7. Customer cooperation obligations

The customer provides the information, content, approvals, contacts, access credentials, systems and technical requirements necessary for performance in good time. The customer checks content supplied by it for accuracy and ensures that it holds the necessary rights and permissions.

Delays or additional effort resulting from late or incomplete cooperation may reasonably postpone agreed deadlines. Additional effort is charged only within the scope of agreed remuneration or remuneration subsequently approved by the customer.

Before interventions in its own production systems, the customer ensures suitable backups unless backup services have expressly been assumed by GS Media.

8. Change requests

Changes after conclusion of the contract may affect effort, remuneration, architecture and deadlines. Before implementation, GS Media informs the customer of material consequences and, where necessary, submits a supplementary offer.

Changes become binding only once they have been confirmed by both parties in an appropriate form. Statutory rights, in particular rights in respect of defects, are not affected.

9. Third-party providers, platforms, APIs and open source

Services may include third-party services such as hosting, cloud infrastructure, AI models, payment services, social-media platforms, search engines, calendar, email, maps, analytics or other API services. Where separate terms of use or accounts are required for their use, those terms apply additionally in the relationship between the customer and the third-party provider.

Changes, restrictions or discontinuation of third-party services are outside GS Media’s immediate control. GS Media is liable for its own selection, integration and contractually owed performance in accordance with applicable law and these Terms; mandatory customer rights arising from any resulting impairment of a GS Media service remain unaffected.

Open-source components are subject to their respective licence terms. Where such components form part of a solution, the mandatory licence provisions applicable to the relevant component take precedence.

10. AI systems, AI agents and digital employees

AI services may use GS Media’s own components as well as models, APIs or infrastructure of external providers. Model versions, providers or technical components may change during the term of the contract provided that the agreed functional purpose is maintained and the change is legally permissible and reasonable for the customer.

AI systems may be used only within the agreed purpose and in compliance with applicable statutory requirements. In particular, prohibited AI practices and other unlawful uses are excluded. Where the customer itself is a deployer or otherwise subject to obligations under Regulation (EU) 2024/1689 or other provisions, it fulfils the obligations applicable to it; GS Media provides support only to the extent agreed.

Systems for particularly sensitive or regulated decisions – for example in employment, creditworthiness, health, justice, critical infrastructure or comparable high-risk areas – may be used only if this has been expressly agreed, is technically intended and has been legally assessed.

11. AI outputs, human review and third-party rights

Generative AI may produce incomplete, inaccurate, misleading or non-unique results. Unless expressly agreed otherwise, AI outputs do not constitute legal, tax, medical, financial or other regulated professional advice.

The customer appropriately reviews AI-generated content before publication or business-critical use. Automated publications, decisions or actions are subject to the review, approval and security mechanisms agreed for the relevant project.

Exclusive protectability or exclusivity of AI-generated content cannot be guaranteed. Use that is sensitive under trademark, copyright, personality or unfair-competition law requires a separate review unless GS Media has expressly assumed that review.

12. Software, modules, connectors and licences

For standard software, modules, AI agents, connectors and other digital products, the customer receives the right of use specified in the product description, order or licence agreement. Unless otherwise agreed, that right is non-exclusive, non-transferable and limited to the purchased scope, the term and, where applicable, the customer account, domain, instance, installation or activated entitlement.

Distribution, sublicensing, rental or commercial exploitation as the customer’s own product requires an appropriate licence or agreement. Acts that are mandatorily permitted by law, in particular mandatory rights relating to interoperability or error correction, remain unaffected.

For products designated as perpetual or one-time licensed, the right of use generally continues within the agreed scope; updates, cloud services, support or additional models are included only if the product description so provides. For subscription licences, the right of use ends when the contract ends unless a continuing right has expressly been agreed.

There is no entitlement to delivery of source code unless this is expressly part of the contract.

13. Updates, security updates and changes to digital products

For consumer contracts concerning digital products, the statutory provisions of sections 327 et seq. of the German Civil Code (BGB) apply, including the legal requirements concerning supply, conformity and required updates, including security updates.

Where digital products are supplied continuously, functional changes, model changes or further developments may be made only insofar as contractually and legally permissible. For consumers, the statutory requirements for changes to digital products apply in particular; required information and termination rights are provided where they exist by law.

14. Customer account, access credentials and licence activation

A customer account may be required for certain services. The customer keeps its access credentials confidential and protects them from unauthorised access. Actions carried out through the account are attributed to the customer only insofar as permitted under the applicable statutory rules.

Licence and feature activations may technically be controlled through accounts, domains, installations, devices, tenants, entitlements or comparable licence attributes. Such assignments may be changed where the product description or support rules permit this.

The customer informs GS Media without undue delay of suspected misuse or compromised access credentials.

15. Cloud services, hosting and availability

For cloud-based or hosted services, GS Media owes the agreed availability. A specific minimum availability or response time applies only if expressly promised in the product description or an SLA.

Scheduled maintenance, security-related measures and technically necessary changes may cause temporary restrictions. GS Media endeavours to carry out foreseeable interventions with reasonable consideration for the customer’s operations.

Mandatory consumer rights regarding continuity and conformity of digital services remain unaffected.

16. Support, maintenance and response times

The scope, support channels, service hours, response times and included maintenance services are determined by the booked tariff, product or individual contract. Without an express agreement, there is no entitlement to 24/7 support or a specific fault-resolution time.

Support does not include extensions or project changes unless these form part of the booked scope of services.

17. Prices, payment and invoices

The prices agreed when the contract is concluded apply. Consumers are shown the legally required total prices including applicable taxes and price components. For business customers, prices may be stated as net prices plus legally applicable VAT where this is clearly indicated.

Payment periods, instalments, milestone payments or recurring billing are determined by the offer, order or other contractual arrangement. Invoices state the agreed due date. Statutory consequences of late payment remain unaffected.

Costs of external providers, advertising budgets, domains, licences or other third-party services are included only if expressly stated.

18. Subscriptions, contract term and termination

The term and termination conditions are determined by the relevant product description or individual agreement.

For consumer contracts, the statutory restrictions on contract term, automatic renewal and notice periods apply. Where a consumer contract is tacitly renewed after an initial term, this occurs only in the form permitted by law. If a termination button is legally required for a consumer contract for a continuing obligation that can be concluded online, GS Media provides it in accordance with the statutory requirements.

For business customers, different fixed terms and renewal provisions may be agreed individually or on a product-specific basis.

Price changes for existing contract terms are made only on an effective contractual or statutory basis. Consumers are provided with the necessary information and any statutory rights to terminate or end the contract.

19. Right of withdrawal for consumers

Consumers generally have the statutory right of withdrawal for distance contracts unless a statutory exception applies. Details, time limits and the model withdrawal form are provided in separate withdrawal information before the contract is concluded.

If a consumer expressly requests that a paid service begin before expiry of the withdrawal period, the statutory rules on compensation for services already supplied and on the possible expiry of the right of withdrawal after full performance apply.

For digital content not supplied on a tangible medium, the right of withdrawal may expire after performance has begun only under the conditions provided by law, in particular after the consumer’s express consent and acknowledgement of the loss of the right of withdrawal.

Where a distance contract is concluded through an online user interface and an electronic withdrawal function is legally required, that function is provided during the withdrawal period in accordance with the statutory requirements.

20. Performance deadlines and force majeure

Performance dates are binding if they have expressly been agreed as binding. For project-related services, deadlines are conditional on the customer providing the required cooperation in good time.

In the event of circumstances outside the parties’ reasonable control – such as significant infrastructure failures, outages of key third-party providers, natural events, official measures, cyberattacks despite appropriate protective measures or comparable events – affected performance periods are reasonably extended insofar as performance is actually prevented or materially impeded. Statutory rights of withdrawal, termination or price reduction remain unaffected.

21. Acceptance of work results

Where the contract concerns a work result that is subject to acceptance, acceptance takes place in accordance with the statutory provisions and individually agreed acceptance criteria.

After completion, GS Media may set a reasonable period for acceptance. In relation to consumers, a statutory deemed acceptance occurs only where the statutory requirements are met and the consumer is informed in text form, together with the request, of the consequences of failing to declare acceptance or refusing acceptance without specifying a defect.

Minor defects do not entitle the customer to refuse acceptance except as provided by law.

22. Rights in respect of defects and warranty

Statutory rights apply in the event of defects unless a valid deviation has been agreed in business-to-business transactions.

For consumer contracts concerning digital products, the statutory provisions of sections 327 et seq. BGB apply in particular. For work contracts, the statutory rights in respect of defects under German work-contract law apply. Guarantees exist only if expressly designated as a guarantee and the applicable conditions have been communicated.

The customer assists fault analysis by providing reproducible information, error messages and, where reasonable and permitted under data-protection law, necessary technical access.

23. Liability

GS Media is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act and in all other cases in which limitation of liability is prohibited by law.

In the event of a slightly negligent breach of a material contractual obligation, GS Media is liable for the typical and foreseeable damage. Material contractual obligations are obligations whose performance is essential for proper execution of the contract and on whose fulfilment the customer may regularly rely.

Otherwise, liability for damage caused by slight negligence is excluded to the extent permitted by law. Mandatory consumer rights remain unaffected.

For systems independently modified by the customer, unauthorised interventions, incorrect customer specifications or unlawfully supplied content, GS Media is liable only insofar as GS Media itself is responsible for the damage under the applicable statutory rules.

24. Copyright, rights of use and work results

Pre-existing software, frameworks, libraries, templates, methods, know-how, internal tools and reusable components of GS Media remain with GS Media or the respective rights holders.

For individually created work results, after full payment the customer receives the rights of use required under the contract for the agreed purpose. Type, scope, territory and duration are primarily determined by the offer. Exclusive rights are transferred only if expressly agreed.

The customer grants GS Media the rights of use in texts, images, trademarks, data and other content supplied by the customer that are necessary for performance of the contract and warrants that it is entitled to do so.

Rights in third-party and open-source components are governed by the respective licence terms.

25. Data protection, processing on behalf and confidentiality

Personal data is processed in accordance with the applicable data-protection laws and the GS Media Privacy Policy.

Where GS Media processes personal data on behalf of a business customer within the meaning of Article 28 GDPR, the parties enter into a data processing agreement where required. The customer remains responsible for the lawfulness of its instructions, data sources and processing purposes insofar as this corresponds to its legal role.

Both parties treat business and operational information marked as confidential or confidential by its nature with appropriate confidentiality. Statutory disclosure obligations remain unaffected.

26. Permitted use and protection of systems

The services may not be used for unlawful purposes, malware, unauthorised access, infringements of third-party rights, prohibited AI practices or other abusive activities.

Where there are concrete indications of serious legal infringements, security risks or abusive use, GS Media may temporarily restrict the affected access to the necessary and proportionate extent insofar as legally permissible. As a rule, the customer is informed in advance or, where this is not possible for security or legal reasons, without undue delay afterwards.

27. End of contract, activations and customer data

When the contract ends, time-limited access, cloud and subscription rights and related activations end unless a continuing right of use has been agreed.

The handling of customer and usage data after the end of the contract is governed by the contract, the Privacy Policy, any data processing agreement and statutory retention obligations. A right to data export exists insofar as contractually agreed or provided by law.

Both parties retain the right to terminate the contract for good cause without notice.

28. Consumer dispute resolution

GS Media is currently neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration body. Statutory information obligations and changes in the law remain reserved.

29. Applicable law and jurisdiction

German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence.

For consumers, the statutory international and national rules on jurisdiction apply. If the customer is a merchant, a legal entity under public law or a special fund under public law, Düsseldorf is the place of jurisdiction insofar as legally permissible. For contracts with business customers, the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded insofar as it would otherwise apply to the specific contract.

30. Changes to these Terms and Conditions

New versions of these Terms and Conditions generally apply to future contracts from the date on which they are published or communicated as applicable.

For existing contracts, changes become effective only if there is a valid contractual or statutory basis or the customer agrees to the change. Mandatory special rules governing changes to digital products remain unaffected.

31. Final provisions

If any provision of these Terms and Conditions is or becomes wholly or partly invalid, the remainder of the contract remains effective. The statutory provisions apply in place of the invalid provision. The same applies to unintended gaps in the contract.

Contract-relevant declarations may be made in text form unless the law or an individual agreement requires a stricter form.

Last updated: 23 August 2026