Terms and Conditions

Digital toolbox for book creation, cover design, layout, publishing and marketing

Provider identification / contact

Orbita Media GmbH | Ericusspitze 4 | 20457 Hamburg | Phone +49 156 79036138 | kontakt@orbita-media.de | www.orbita-media.de | Managing directors: Noah Malik and Stefan Schott | Local Court of Hamburg, HRB 161613 | VAT ID: DE328578764

§ 1 Scope

(1) These General Terms and Conditions ("Terms") apply to all contracts between Orbita Media GmbH, Ericusspitze 4, 20457 Hamburg, Germany, phone: +49 156 79036138, email: kontakt@orbita-media.de, website: www.orbita-media.de, registered in the commercial register of the Local Court of Hamburg under HRB 161613, represented by its managing directors Noah Malik and Stefan Schott – hereinafter "Provider", "Orbita Media", "we" or "us" – and our customers concerning the registration, acquisition, booking and use of the digital toolbox "Bookfairy". Orbita Media GmbH provides Bookfairy as a digital toolbox for book projects. Under this contract the Provider does not act as a publisher within the meaning of the German Publishing Act (Verlagsgesetz); publishing services are not the subject of this contract.

(2) Bookfairy is a digital toolbox that supports the creation, editing, structuring, design, publication and marketing of book projects.

(3) These Terms apply to consumers and to businesses alike, unless these Terms expressly distinguish between consumer and business customers. Towards businesses, these Terms in their current version also apply to all future contracts concerning Bookfairy without the need for a further reference to them.

(4) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. A business (Unternehmer) is a natural or legal person or a partnership with legal capacity that, when concluding the contract, acts in the exercise of its trade, business or self-employed profession.

(5) Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if we have expressly agreed to their application in text form. This also applies if we perform services without reservation in the knowledge of deviating terms.

(6) These Terms do not apply to the use of Bookfairy by the Provider's employees in the course of their employment. Internal use is governed exclusively by the Provider's internal usage and IT policies.

(7) The contract for the provision of Bookfairy against payment is a contract for the supply of digital products within the meaning of Sections 327 et seq. of the German Civil Code (BGB). The provisions of the law of tenancy (Sections 535 et seq. BGB) apply accordingly on a supplementary basis, unless these Terms or mandatory law provide otherwise. The landlord's strict liability for initial defects under Section 536a(1) alternative 1 BGB is excluded; § 15 of these Terms remains unaffected.

§ 2 Subject matter of "Bookfairy"

(1) The subject matter of the contract is the provision of digital access to Bookfairy and to the tools, modules and functions booked or unlocked in each case.

(2) Bookfairy may in particular include the following tools and functions: a) writing and production: book creation and writing tool, editing tool for checking and revising manuscripts with change tracking, audiobook tool for creating audiobook versions; b) cover: cover tool for creating, assembling and editing book covers, including spine calculation, format adjustment, translation of cover texts and mockups; c) typesetting and formats: layout tool for print-ready book interiors, print conversion, EPUB creation tool; d) metadata and marketing: book title tool, description tool for blurbs and product descriptions, categories tool, Amazon bestseller categories tool, keyword tool, niche analysis, BSR tracking, evaluation of Amazon advertising campaigns, A+ generator tool for illustrated product descriptions, in particular for Amazon, ONIX generator; e) transmission: upload tool for transmitting book data, in particular to the German directory of books in print (Verzeichnis Lieferbarer Bücher, VLB), to printers or to other connected service providers; as well as further tools, modules and functions added in the future. Which tools are available to the customer follows from the package booked or from the respective order.

(3) The toolbox serves as a technical and creative working environment. Unless expressly agreed otherwise, we do not owe any particular economic, publishing, creative, legal, tax, advertising or sales success. In particular, Bookfairy does not replace legal, tax, copyright or business advice in the individual case.

(4) The specific description of services, the scope of functions, the term, any usage quotas, prices, payment terms and other conditions follow from the respective product description, the ordering process, the individual offer or the order confirmation.

(5) We are entitled to change, further develop, extend or adapt individual functions of Bookfairy beyond the measures required to establish and maintain conformity with the contract if there is a valid reason for doing so. A valid reason exists in particular in the case of adaptation to a changed technical environment or an increased number of users, the closing of security gaps, the implementation of changed statutory, regulatory or supreme court requirements, the discontinuation or change of interfaces or services of third parties, and a substantial extension of the range of functions. The change is made at no additional cost to the customer.

(6) If a change under paragraph 5 leads to a more than insignificant impairment of the customer's access to Bookfairy or of its usability for the customer, we will inform the customer of this in text form at least 30 days before the time of the change. The information contains the time of the change, the characteristics and the time of its effects, and a reference to the right of termination under paragraph 7.

(7) In the cases of paragraph 6, the customer may terminate the contract free of charge within 30 days of receipt of the information or of the time of the change, whichever is later. The right of termination does not exist if the impairment is only insignificant or if we enable the customer to continue using Bookfairy unchanged at no additional cost. We refund prepaid fees pro rata for the period after the termination takes effect.

(8) During the term of the contract we provide the customer with the updates, including security updates, that are necessary to keep Bookfairy in conformity with the contract, and inform the customer of them. If the customer fails to install an update provided, we are not liable for a defect resulting solely from this, provided that we have informed the customer of the availability of the update and the consequences of failing to install it, and the failure to install it is not due to inadequate installation instructions.

(9) The toolbox can be extended in modules. A claim to the permanent provision of certain additional functions exists only insofar as they have expressly become part of the contract.

(10) We may provide individual functions expressly marked as test, beta or preview functions. Such functions are provided free of charge, without a claim to permanent provision and without assurance of a particular scope of functions; we may change or discontinue them at any time. Towards consumers this applies only insofar as the function concerned is not part of the main service owed against payment.

§ 3 Registration, customer account and access data

(1) The use of Bookfairy generally requires registration and the setting up of a customer account. There is no entitlement to registration or to the setting up of a customer account.

(2) Registration requires the customer to be of legal age and to have unrestricted legal capacity. Minors may not use Bookfairy. We are entitled to request suitable proof of age and identity.

(3) The customer is obliged to provide complete and accurate information when registering and to keep it up to date during the term of the contract.

(4) The customer must keep their access data confidential and protect it against access by unauthorised third parties. Passing on the customer account or the access data to third parties is only permitted with our prior express consent in text form. If the customer is a business, it may only have the customer account used by the number of named users agreed in the ordering process; simultaneous use of one access by several persons is not permitted. The customer must oblige its users accordingly and is responsible for their conduct as for its own.

(5) The customer is obliged to inform us without undue delay if there are indications that their access data has been misused or that unauthorised third parties have gained access to their customer account.

(6) The customer is responsible for actions carried out via their customer account insofar as they are responsible for the unauthorised access or the unauthorised use. Declarations of intent by third parties are not attributed to the customer to their detriment if the customer is not responsible for them.

(7) We are entitled to delete a customer account that has not been used for more than 24 months and for which there is no ongoing contractual relationship against payment. We will announce the deletion in text form at least 30 days in advance and give the customer the opportunity to export their content in accordance with § 16 paragraph 10.

§ 4 Conclusion of contract

(1) The presentation of Bookfairy, of individual tools, packages or functions on our website, in our online shop or in other digital sales channels does not constitute a legally binding offer but a non-binding invitation to place an order.

(2) The customer can select Bookfairy or individual services via the online ordering process. Before submitting the order, the customer can check and change their details at any time or cancel the ordering process.

(3) Before submitting the binding order, the customer must confirm by ticking a box that they have read these Terms and agree to their application.

(4) Where consumers are concerned, the customer is additionally informed in the ordering process about the existence or non-existence of a right of withdrawal and about the special rules for digital content and digital services.

(5) By clicking the button "order with obligation to pay", "book with obligation to pay" or an equally unambiguous button, the customer submits a binding offer to conclude a contract.

(6) After receipt of the order, the customer immediately receives an automatic acknowledgement of receipt by email. This acknowledgement of receipt does not yet constitute acceptance of the contractual offer, unless acceptance is expressly declared in it.

(7) We accept the customer's offer within five working days of receipt. Acceptance takes place by an express declaration of acceptance in text form or by activating access to Bookfairy; activation is equivalent to the declaration of acceptance. If the customer uses an immediately available service in the ordering process, the contract is already concluded upon activation. If we do not accept the offer within the aforementioned period, the customer is no longer bound by their offer; we refund payments already made without undue delay.

(8) The contract is concluded exclusively in the German language, unless another contract language has been expressly agreed.

(9) We store the contract text after conclusion of the contract. The customer receives the contractual provisions, including these Terms, the description of services and, where applicable, the withdrawal policy, by email or in another suitable text form.

§ 5 Prices, terms of payment and invoice

(1) The prices stated at the time of the order apply. Towards consumers, all prices are total prices including statutory VAT. Towards businesses, prices are net prices plus the applicable statutory VAT, unless expressly stated otherwise. If the customer is a business established in another EU country, invoicing takes place under the reverse charge procedure, provided the customer proves a valid VAT identification number.

(2) Any additional costs, in particular for add-on modules, extensions, upload services, interfaces, external service providers, printers, VLB connections, Amazon-related functions or other third-party services, are shown to the customer separately before conclusion of the contract, insofar as they are to be borne by the customer.

(3) The total price including statutory VAT and any additional costs is shown to the customer before the binding order is submitted.

(4) The agreed price is due upon conclusion of the contract, unless otherwise agreed in the ordering process, in the invoice or in an individual offer.

(5) In the case of contracts concluded for an indefinite period and of subscriptions, we are entitled to adjust the fees at our reasonable discretion (Section 315 BGB) in order to offset changes in our costs, in particular changes in personnel, hosting, licence, interface or other procurement costs and statutory charges. Cost reductions must be taken into account to the same extent. A fee increase is permitted at the earliest twelve months after conclusion of the contract and thereafter at the earliest twelve months after the last adjustment.

(6) We notify the customer of a fee adjustment in text form at least six weeks before it takes effect, stating the previous and the new fee and the time of the change, and inform the customer of their right of termination. The customer may terminate the contract in text form with effect from that time until the adjustment takes effect. Increases of more than 10 percent within twelve months require the express consent of the customer.

(7) The means of payment stated in the ordering process are available to the customer, in particular credit card, PayPal, SEPA direct debit, invoice and/or bank transfer, insofar as these are offered in the respective ordering process. Payment by bank transfer can be made to the following account:

Orbita Media GmbH, Deutsche Bank, IBAN: DE16 2007 0000 0415 2153 00, BIC: DEUTDEHHXXX,

unless different bank details are stated on the invoice or in the ordering process.

(8) The customer receives an invoice in electronic form, unless expressly agreed otherwise.

(9) The customer may only set off undisputed counterclaims or counterclaims that have been finally established by a court. The customer only has a right of retention insofar as their counterclaim is based on the same contractual relationship or is undisputed or has been finally established by a court. The customer's rights under Section 320 BGB remain unaffected.

(10) If the customer is in default of payment, the statutory provisions apply. We are entitled to temporarily block access to Bookfairy or to individual functions until outstanding claims have been settled if the customer is in default with an amount equal to at least two monthly fees or with at least two consecutive payments, the customer is responsible for the non-payment, and we have previously sent the customer a reminder in text form setting a deadline of at least 14 days and threatening the block. The block must be lifted without undue delay as soon as the payment arrears have been settled. For the duration of a justified block, the customer's obligation to pay remains in place.

(11) We may issue promotional and discount codes, including to customers of other services operated by us. A code entitles the holder exclusively to the price reduction or the service stated when it was issued; we communicate the conditions, in particular the period of validity, the tools or packages covered and any minimum order values, clearly and in an easily accessible manner when issuing the code. Codes must be entered in the ordering process before the order is submitted; subsequent crediting is excluded. One code can be redeemed per order, unless stated otherwise when it was issued. Codes cannot be redeemed for cash and, unless stated otherwise when issued, are not transferable. If a contract is withdrawn from or unwound, we refund the amount actually paid.

§ 5a Credit, bonus credit and quotas

(1) The customer can top up credit in their customer account and use it to pay for paid services of Bookfairy, in particular the use of individual tools ("topped-up credit"). In addition, the customer account may hold credit that we grant without separate payment, in particular top-up bonus, welcome bonus, referral, promotional and goodwill credits ("bonus credit"), as well as the monthly credit of a subscription under § 5b ("subscription credit"). Which services can be paid for with credit, and at what price, follows from the service description and price information displayed in each case.

(2) Credit is kept in the currency of the customer account. The customer chooses the currency until their first purchase; a change is excluded after that. Credit cannot be transferred to another customer account and does not bear interest.

(3) The amounts that can be topped up, any top-up bonus and its conditions follow from the service description and price information displayed when ordering. The amount actually paid is credited. No top-up bonus is granted if a discount code is redeemed for the same top-up, unless stated otherwise when the code was issued.

(4) Topped-up credit expires 36 months after it is credited. Bonus credit expires at the time stated when it is granted or, if no time is stated, 36 months after it is credited. § 5b paragraph 4 applies to subscription credit. The customer account shows the expiry date of every credit.

(5) When the customer pays for a service, we first use a quota available for that service (paragraph 8), then bonus credit and subscription credit in the order in which they expire, and finally topped-up credit, the oldest first.

(6) Bonus credit and subscription credit are not paid out. If the payment on which bonus credit or subscription credit is based is withdrawn from, refunded or charged back, the unused part of that credit lapses in the proportion of the refunded amount to the amount paid.

(7) As long as the contract for the customer account exists, topped-up credit is not paid out. If that contract ends, we pay out unused topped-up credit that has not expired at the customer's request; bonus credit and subscription credit lapse when the contract ends. The right of withdrawal and the customer's statutory rights in the event of defects remain unaffected.

(8) Quotas (for example a certain number of book projects in a tool) can only be used for the services named in the service description. They expire at the time stated in the service description or, if no time is stated, 36 months after they are provided, and cannot be transferred to another customer account.

(9) For topped-up credit and quotas credited or provided before this version of the Terms takes effect, the expiry periods under paragraphs 4 and 8 only apply if they were stated to the customer at the time of purchase or the customer has agreed to this version under § 21.

§ 5b Subscriptions

(1) In addition to individual purchases and top-ups, the customer can take out a subscription in one of the tiers offered ("subscription"). A subscription credits subscription credit for every paid month and, depending on the tier, may include further benefits, such as a price reduction on tools or extended usage limits. The tiers, their scope, the amount of subscription credit and the prices follow from the service description and price information displayed when the contract is concluded. A customer account can have one subscription at a time; individual purchases and top-ups remain possible at any time alongside it. The subscription "Dynamic QR codes" is governed exclusively by the annex of the same name to these Terms.

(2) The customer submits a binding offer by completing the order with the button "Subscribe and pay" or an equally unambiguous button. The contract is concluded as soon as the first payment is confirmed to us. The subscription is taken out monthly or yearly. The fee is due in advance for each billing period and is collected by our payment service provider using the payment method stored at conclusion of the contract or later in the customer account; the customer authorises us to collect it on each due date.

(3) The monthly subscription renews by one month at a time and the yearly subscription by one year at a time ("subscription year") as long as it has not been cancelled; it renews in the tier last chosen at the fee agreed for it. If the customer is a consumer, the yearly subscription continues for an indefinite period after the first subscription year; each renewal then only sets the next billing period of twelve months, and the customer can cancel under paragraph 6 letter c.

(4) Subscription credit is only credited for paid periods: for the monthly subscription when the payment for the respective month is received, for the yearly subscription in twelve monthly instalments, the first when the payment is received and each further one on the same day of the following months. Subscription credit expires at the end of the calendar month following the month in which it was credited (German time applies). Under § 5a paragraph 5 it is used before topped-up credit. Subscription credit already credited remains usable after the subscription ends until it expires; the other benefits of the tier end with the subscription. Unless stated otherwise when the contract is concluded, a price reduction of the tier and a bonus do not both apply to the same amount; the higher benefit applies.

(5) The customer can change the tier at any time with effect from the next due date, for the yearly subscription therefore from the next renewal. Until then the previous tier remains; there is no pro rata settlement. We may offer the customer to pause a monthly subscription for a certain period from the end of the paid month. During a pause no fee is collected, no subscription credit is credited and the benefits of the tier are suspended; credit already credited remains usable until it expires. After the pause the subscription continues in the same tier on the agreed terms. The right to cancel remains unaffected during the pause.

(6) The customer can cancel the subscription as follows:

a) the monthly subscription at any time to the end of the paid month; no further payment is collected after that;

b) the yearly subscription at any time to the end of the current subscription year; it then does not renew, and the outstanding monthly instalments of subscription credit continue to be credited until then;

c) if the customer is a consumer, after the first renewal also the yearly subscription at any time with one month's notice: the contract ends one month after the cancellation is received or, if earlier, at the end of the current subscription year. From that day no further monthly instalments are credited, and we refund without undue delay the part of the yearly fee paid in advance that corresponds to the monthly instalments no longer credited (one twelfth per monthly instalment) to the payment method used;

d) if the customer is a business, they remain bound for a renewed subscription year; their cancellation takes effect at its end under letter b.

Except in the case of letter c, periods already paid are not refunded in the event of an ordinary cancellation; the right of withdrawal (paragraph 9) remains unaffected.

(7) The customer can cancel via the button "Cancel contracts here" (Section 312k BGB, § 16 paragraph 6) without signing in first, or in text form, for example by email to support@getbookfairy.com. We confirm receipt of the cancellation without undue delay in text form, stating its content, the date and time of receipt and the time at which the contract ends. Until the end of the contract the customer can withdraw their cancellation in the customer account; the subscription then continues unchanged. This does not apply if the contract ends early under paragraph 6 letter c or the payment for the current period has been refunded or charged back; a new subscription is possible at any time.

(8) We can cancel the monthly subscription with 30 days' notice to the end of a billing period and the yearly subscription with 30 days' notice to the end of a subscription year. If a collection fails, we credit the subscription credit for the period concerned only once the payment is received; our payment service provider tries the collection again, and the customer can store a different payment method in the customer account at any time. If the payment is still not made after the further collection attempts, the subscription ends when the last paid period expires; there is then no obligation to pay for the unpaid period. If a yearly subscription ends early through termination for good cause, we refund the part of the yearly fee paid that corresponds to monthly instalments not yet credited; if the customer is responsible for the good cause, our claims for damages remain unaffected.

(9) § 13 applies to withdrawal. If the consumer expressly requests when ordering that we begin before the end of the withdrawal period, we credit the subscription credit of the first month when the payment is received and grant the benefits of the tier immediately. If the consumer withdraws, the subscription ends; unused subscription credit and any bonus granted on it lapse. For the compensation for the services provided until the withdrawal (Section 357a(2) BGB), the extent to which the consumer has used the subscription credit until the withdrawal is particularly relevant.

(10) § 5 paragraphs 5 and 6 apply to fee adjustments. A change of tier chosen by the customer is not a fee adjustment.

§ 6 Provision, digital delivery and availability

(1) Bookfairy is provided digitally via a customer account, a web application, a platform, a download, an interface or another access provided by us.

(2) No physical delivery takes place, unless expressly agreed otherwise.

(3) Access is activated after conclusion of the contract and receipt or confirmation of payment, unless otherwise stated in the ordering process.

(4) In the case of digital services, short interruptions due to maintenance, security measures, updates, technical faults, force majeure or measures taken by third-party providers cannot be completely ruled out.

(5) We owe an availability of Bookfairy of 98.5 percent on an annual average at the transfer point (exit of our data centre). Times of announced maintenance work and times in which Bookfairy is unavailable due to circumstances for which we are not responsible do not count as unavailability. Where possible, we carry out scheduled maintenance outside the hours of 8:00 to 18:00 (CET/CEST) on working days and, if it leads to an impairment, announce it at least 48 hours in advance in text form or in the application. We may carry out maintenance and security measures that cannot be postponed without prior notice.

(6) Insofar as individual functions are based on interfaces or services of third parties, in particular printers, VLB, Amazon, payment service providers, hosting service providers or other platforms, the availability of these functions may depend on the availability and the terms of these third-party providers.

(7) Force majeure and other unforeseeable, extraordinary events for which we are not responsible, in particular natural disasters, epidemics and pandemics, war, terrorism, industrial action, widespread failures of power or telecommunications networks, sovereign measures and cyber attacks by third parties, release us from the obligation to perform for the duration and to the extent of their effects. We inform the customer without undue delay of the occurrence and the expected duration. If the event lasts longer than 60 days, both parties are entitled to terminate the contract; we refund prepaid fees pro rata. Statutory rights of the customer, in particular under Sections 326 and 327m BGB, remain unaffected.

§ 7 Rights of use in Bookfairy

(1) For the term of the contract, the customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use Bookfairy and the functions booked in each case to the extent agreed in the contract.

(2) The customer is not entitled to reproduce, edit, reverse engineer, decompile, rent, lease or sell Bookfairy or parts of it, to make it accessible to third parties, or to operate it for third parties as a service bureau, white-label solution or comparable third-party service, unless this has been expressly agreed. The customer's mandatory rights under Sections 69d and 69e of the German Copyright Act (UrhG) remain unaffected; a contractual exclusion of these rights is not intended pursuant to Section 69g(2) UrhG.

(3) Rights in the software, the platform, the templates, system logic, user interfaces, databases, workflows, designs, trademarks, names and other components of Bookfairy remain with the Provider or the respective rights holders.

(4) Open source components, third-party tools or external interfaces may be subject to their own licence and usage terms, provided that this is pointed out separately.

(5) We are entitled to name the customer as a reference, stating their name and logo, after the customer has given prior consent in text form. The consent can be withdrawn at any time with effect for the future.

§ 8 Rights in customer content; rights of use of the Provider

(1) All rights in the content contributed, created or edited by the customer (hereinafter "Customer Content"), in particular manuscripts, texts, titles, covers, images, graphics, layouts, EPUB files, metadata and product descriptions, remain with the customer or the respective rights holder. The Provider does not acquire any exploitation rights of its own in Customer Content.

(2) The customer grants the Provider a simple, territorially unlimited, non-exclusive right to use the Customer Content, limited to the term of the contract and the purpose of the contract, insofar as this is necessary to provide the contractually owed services. This includes in particular storing, reproducing, converting, formatting, displaying, backing up and transmitting to third parties selected by the customer via the upload and publishing functions. The Provider may use subcontractors (in particular hosting service providers) to the same extent.

(3) Any further use of Customer Content, in particular for training, fine-tuning or improving artificial intelligence or machine learning methods, only takes place on the basis of a separate, express consent of the customer that can be withdrawn at any time. Without such consent, Customer Content is not used for these purposes. The customer can withdraw any consent given at any time with effect for the future in the account settings or in text form.

(4) Upon termination of the contract, the Provider's rights of use under paragraph 2 expire, with the exception of those uses that are necessary to fulfil statutory retention obligations or to wind up the contractual relationship. Section 327p BGB and § 16 paragraph 10 remain unaffected.

§ 9 AI-supported functions and generated work results

(1) Individual functions of Bookfairy, in particular the writing tool, the editing tool, the audiobook tool, the cover tool, the book title, keyword and categories tools, the description tool and the A+ generator, may be operated using artificial intelligence methods. The Provider labels such functions in the application. Interaction with an AI system is disclosed to the customer in accordance with Article 50 of Regulation (EU) 2024/1689 (AI Act).

(2) To provide these functions, the Provider may use models and services of third parties. The Provider provides information on the providers used and the processing locations in the description of services and in the privacy policy.

(3) Results generated by AI-supported functions (hereinafter "AI Results") are supporting suggestions. They may be incorrect, incomplete, outdated, misleading or legally impermissible. The customer is obliged to check AI Results on their own responsibility for accuracy of content and legal permissibility before any publication, commercial use or disclosure.

(4) The Provider gives no warranty that AI Results are free of third-party rights or that copyright protection arises in them. Purely machine-generated results are regularly not a personal intellectual creation within the meaning of Section 2(2) UrhG and are therefore not protected by copyright. Furthermore, the Provider cannot guarantee that the same or similar AI Results will not also be shown to other users; exclusivity is not owed.

(5) Insofar as the Provider holds rights in AI Results, it grants the customer a simple, transferable right of use, unlimited in time and territory, for use in the customer's own book projects.

(6) The customer is obliged to comply with the labelling, disclosure and reporting obligations that apply to the use of AI-generated content towards third parties, in particular the requirements of distribution platforms, directories and marketplaces and the requirements of the AI Act.

(7) The customer will not use AI-supported functions to reproduce protected works of third parties, to infringe personality rights, to generate misleading statements or to produce unlawful content.

§ 10 Responsibility for customer content, grant of rights and indemnification

(1) The customer is solely responsible for all content, data, files, texts, images, covers, graphics, layouts, metadata, keywords, categories, book titles, descriptions, manuscripts, EPUB files, print data, A+ content and other materials that they create, upload, edit, store, export, publish or transmit to third parties in Bookfairy.

(2) The customer warrants that their content does not infringe the rights of third parties and does not violate statutory provisions, regulatory requirements, platform policies or rights of third parties. This concerns in particular copyrights, trademark rights, name rights, personality rights, data protection rights, competition law, youth protection law, criminal law and other protective rights.

(3) Consumers and businesses are liable to the extent provided by law for content that they themselves create, upload, edit, publish or release for publication.

(4) The customer warrants that they hold all rights in the Customer Content required for its use, editing, publication and disclosure in accordance with the contract, including the rights in contributions by third parties, licensed images and quotations. In particular, the customer is personally responsible for ensuring that book covers, images, graphics, titles, keywords, categories, product descriptions and book content created or edited by them are legally permissible and do not infringe the rights of third parties or platform policies.

(5) We do not carry out any general legal, copyright, trademark, competition law, tax, publishing or platform-related review of Customer Content, unless this has been expressly agreed as a separate service.

(6) The customer indemnifies us against justified claims of third parties asserted against us on the basis of a culpable breach by the customer of the obligations under this section. This also includes the reasonable costs of legal defence. Towards consumers, this applies only insofar as the consumer is responsible for the infringement.

(7) We will inform the customer in text form without undue delay of any claim made against us, give the customer the opportunity to comment and will not make any acknowledgement or conclude any settlement without the customer's prior consent, provided that the customer assumes the indemnification. The customer is entitled to take over the legal defence at its own expense. We will support the customer in the legal defence to a reasonable extent.

(8) If we become aware of concrete indications of unlawful Customer Content, we are entitled to block or remove the content concerned. We will inform the customer of this in text form without undue delay, stating the reasons, and give the customer the opportunity to comment. If the complaint turns out to be unfounded, we will restore the content without undue delay. Further statutory rights and obligations remain unaffected.

§ 11 Toolbox functions, uploads, publishing interfaces and third-party platforms

(1) Bookfairy provides the customer with a digital toolbox with which the customer can independently create, edit, structure, design, optimise, export or prepare content for book projects for further publication. This includes in particular the tools listed in § 2 paragraph 2 and modules added in the future.

(2) The Provider gives no warranty that content created with Bookfairy will be accepted, published, listed, advertised or commercially exploited with success by third parties, in particular by platforms, marketplaces, wholesalers, printers, the VLB, Amazon or other distribution partners.

(3) Insofar as the customer transmits content to third parties via Bookfairy, in particular to the VLB, printers, platforms, wholesalers or other service providers, or prepares it for this purpose, the customer is personally responsible for the accuracy, completeness, lawfulness and technical usability of the transmitted data, unless a different obligation of the Provider to perform has been expressly agreed.

(4) Insofar as Bookfairy provides functions for uploading book data, print data, metadata, EPUB files, cover data or other information to the VLB, printers, distribution platforms, Amazon or other third-party providers, these are technical support services.

(5) The customer remains responsible for the accuracy, completeness, lawfulness and timeliness of all data and content transmitted.

(6) We give no warranty that third parties, in particular platforms, printers, directories or marketplaces, will accept, publish, list, advertise, print, distribute or keep permanently available certain content.

(7) For third-party platforms, the respective terms of use, technical requirements, content policies and review processes of the third-party providers concerned also apply.

(8) If a transmission is delayed or prevented by incorrect information provided by the customer, missing technical requirements, errors or failures at third-party providers, changes to interfaces or other circumstances outside our area of responsibility, this does not constitute a breach of duty by the Provider, provided that we are not responsible for the circumstance.

(9) If a third-party provider permanently discontinues an interface or service or changes its conditions in such a way that a connection is no longer possible with reasonable effort, we are entitled to discontinue the function concerned. We will inform the customer of this in text form without undue delay. § 2 paragraphs 6 and 7 apply accordingly; if this results in the loss of an essential booked function, the customer may terminate the contract for cause and we refund prepaid fees pro rata.

§ 12 Obligations of the customer

(1) The customer undertakes to use Bookfairy only in accordance with the contract, lawfully and in compliance with these Terms.

(2) The customer will not post, create, edit, store, distribute or transmit any content that is unlawful, misleading, discriminatory, harmful to minors, punishable, insulting, defamatory, glorifying violence, pornographic, extremist or otherwise impermissible.

(3) The customer will not take any technical measures that are likely to impair the security, integrity, availability or functionality of Bookfairy.

(4) The customer is obliged to back up their own data, drafts, content and work results appropriately. Bookfairy does not replace the customer's own data backup. For this purpose, we provide the customer with an export function in a common and machine-readable format during the term of the contract.

(5) Before publication, release for printing, export or upload, the customer must check all content, files and metadata on their own responsibility.

(6) The customer can report unlawful content or misuse to us via the reporting function provided in the application or at kontakt@orbita-media.de. We process reports without undue delay and inform the person reporting of the result.

§ 13 Right of withdrawal for consumers

(1) Consumers are generally entitled to a statutory right of withdrawal, about which separate information is provided.

(2) In the case of contracts for digital content that is not supplied on a tangible medium, the right of withdrawal may expire prematurely if the consumer has expressly consented to our beginning performance of the contract before the end of the withdrawal period, the consumer has acknowledged that by giving this consent they lose their right of withdrawal once performance of the contract begins, and we have provided the consumer with a confirmation in accordance with the statutory requirements.

(3) In the case of contracts for digital services, the right of withdrawal may expire prematurely if the service has been fully performed and we only began performing the service after the consumer expressly consented to our beginning performance before the end of the withdrawal period, and the consumer acknowledged that they lose their right of withdrawal once the contract has been fully performed.

(4) Insofar as the customer requests the immediate provision or activation of Bookfairy in the ordering process and makes the statutorily required declarations, the right of withdrawal may expire prematurely in accordance with the statutory provisions.

(5) The specific withdrawal policy and a model withdrawal form are made available to the consumer before conclusion of the contract and after conclusion of the contract in text form.

(6) If the consumer withdraws from a contract for a digital service whose performance had already begun at their express request before the end of the withdrawal period, they owe compensation for the value of the service provided up to the withdrawal only if we have previously properly informed them of their right of withdrawal and of the obligation to pay compensation and they have expressly consented (Section 357(8) BGB). In the case of contracts for digital content not supplied on a tangible medium, the consumer does not owe any compensation for value (Section 357a(3) BGB).

(7) After the withdrawal, the consumer may no longer use the digital content provided or make it available to third parties. We may technically prevent further use and block access. The consumer's rights to their own content under Section 327p BGB remain unaffected.

§ 14 Rights in the event of defects and limitation

(1) The statutory rights in the event of defects apply.

(2) For consumers, the rights in the event of defects of digital products and digital services are governed by the statutory provisions, in particular Sections 327 et seq. BGB, where applicable.

(3) The customer must describe recognisable malfunctions, defects or deviations to us as comprehensibly as possible so that they can be examined and, where applicable, remedied. Statutory rights of the consumer remain unaffected.

(4) There are no defects insofar as restrictions or errors are due to the customer using Bookfairy contrary to the contractual specifications, failing to perform necessary acts of cooperation, uploading unsuitable files, not meeting technical minimum requirements, or third-party services not being available, and we are not responsible for these circumstances.

(5) Towards businesses the following applies in addition: the business must inspect the service without undue delay after it has been provided and notify recognisable defects in text form without undue delay. Commercial law obligations to inspect and give notice of defects remain unaffected insofar as they apply to the contractual relationship.

(6) Towards businesses, claims for defects become time-barred twelve months after the statutory start of the limitation period. This does not apply in the case of intent, fraudulent intent, groß negligence, injury to life, body or health, the assumption of a guarantee and in cases of mandatory statutory liability. Towards consumers, only the statutory limitation periods apply, in particular Section 327j BGB.

(7) In the event of a defect of a digital product to be provided on a continuous basis, we are entitled and obliged to provide subsequent performance. If subsequent performance fails, the customer may assert the statutory rights; for consumers, Sections 327i et seq. BGB apply.

§ 15 Liability

(1) We are liable in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, body or health, in the event of intent and groß negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee and under mandatory statutory liability provisions, in particular under the German Product Liability Act.

(2) In the event of a slightly negligent breach of essential contractual obligations, we are only liable for the foreseeable damage typical of the contract. Essential contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer regularly relies and may rely.

(3) Towards businesses, liability under paragraph 2 is limited in amount to the damage typical of the contract that was foreseeable at the time the contract was concluded, but at most to the net fee paid by the customer in the twelve months before the event causing the damage, and at least EUR 5,000 per case of damage. Towards consumers, this limitation in amount does not apply.

(4) For the loss of data, we are liable in accordance with paragraphs 1 and 2 only up to the amount that would have been required to restore the data if the customer had backed up the data properly and regularly. This does not apply insofar as the data backup itself is part of our contractual obligation to perform.

(5) Otherwise, liability for damages and reimbursement of expenses – regardless of the legal grounds – is excluded.

(6) We are not liable for infringements of rights, platform violations, printing errors, publication errors, incorrect metadata, defective covers, impermissible content or economic disadvantages that are based on content created, uploaded, released or published by the customer, unless we are responsible for them.

(7) We are not liable for the permanent availability, functionality or willingness to accept of third-party platforms, interfaces, printers, marketplaces, payment service providers or other third-party providers, unless we are responsible for the disruption.

(8) The above limitations of liability also apply in favour of our legal representatives, employees and vicarious agents.

(9) Towards businesses, claims for damages against us become time-barred twelve months after the statutory start of the limitation period. This does not apply in the cases of paragraph 1.

§ 16 Term, renewal, termination, blocking and end of contract

(1) The term of the contract follows from the respective product description, the ordering process, the individual offer or the order confirmation. For subscriptions under § 5b, the term, renewal and cancellation provided there take precedence over paragraphs 2 to 4.

(2) For consumers, the initial term of a fixed-term contract is at most 24 months. If automatic renewal has been agreed, the contract is extended for an indefinite period after the end of the initial term and can be terminated by the consumer at any time with one month's notice (Section 309 no. 9 BGB). An extension by a further fixed term does not take place towards consumers.

(3) Towards businesses, a fixed-term contract is extended by the agreed term, but by no more than twelve months, unless it is terminated with one month's notice to the end of the term.

(4) Contracts for an indefinite period can be terminated by either party with one month's notice to the end of a month.

(5) Terminations must be made in text form. The agreement of a stricter form is excluded.

(6) For continuing obligations against payment with consumers that are concluded via our website, we provide a termination button in accordance with Section 312k BGB that is directly and easily accessible and labelled "terminate contracts here" or with an equally unambiguous wording. The consumer receives confirmation of receipt of the termination without undue delay in text form, stating its content, the date and the time of the end of the contract.

(7) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the customer seriously or repeatedly violates these Terms, statutory provisions or the rights of third parties.

(8) We are entitled to temporarily block the customer's access to Bookfairy in whole or in part if there are concrete indications of unlawful use, a threat to the security or integrity of the platform, an infringement of third-party rights or misuse of the customer account. The block must be limited to the extent and duration necessary. We inform the customer without undue delay in text form of the reason for and the extent of the block and, insofar as this does not defeat the purpose of the measure, give the customer the opportunity to comment beforehand. For blocks due to default in payment, only § 5 paragraph 10 applies. Statutory rights of the customer remain unaffected.

(9) When the termination takes effect, the customer's right to use Bookfairy ends. We block access to the customer account at the end of the contract.

(10) After termination of the contract, we make the customer's Customer Content available for export on request for a period of 30 days free of charge in a common, machine-readable and interoperable format. Towards consumers, Section 327p(2) to (4) BGB applies; the request for provision must be fulfilled free of charge, without hindrance and within a reasonable period.

(11) After the period under paragraph 10 has expired, we delete the Customer Content unless statutory retention obligations prevent this. After termination of the contract, we will not further use content provided by the consumer that is not personal data; the exceptions in Section 327p(1) BGB remain unaffected.

§ 17 Data protection and processing on behalf

(1) We process personal data of the customer exclusively in accordance with the applicable data protection laws.

(2) Further information on the processing of personal data, the legal bases, storage period, recipients and the rights of data subjects can be found in our privacy policy on our website at www.orbita-media.de or via the link to the privacy policy available there.

(3) Insofar as the customer processes or uploads personal data of third parties in Bookfairy, the customer is personally responsible for ensuring that there is a sufficient legal basis under data protection law for this.

(4) Insofar as we process personal data on behalf of the customer for which the customer is the controller under data protection law, the parties conclude a data processing agreement in accordance with Article 28 GDPR. The data processing agreement is made available to the customer in the ordering process and in the customer account and forms part of this contract. In the event of contradictions, the data processing agreement takes precedence over these Terms with regard to processing on behalf.

(5) We take technical and organisational measures in accordance with Article 32 GDPR. We provide information on the use of further sub-processors in accordance with the data processing agreement.

§ 18 Applicable law

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a consumer and has their habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected.

§ 19 Place of performance and place of jurisdiction

(1) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, insofar as permitted by law. The place of performance for all services is Hamburg.

(2) We are also entitled to sue the customer at their general place of jurisdiction.

(3) If the customer is a consumer, the statutory places of jurisdiction apply.

§ 20 Consumer dispute resolution

(1) Orbita Media GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board, unless there is a statutory obligation to do so.

(2) The possibility of judicial clarification remains unaffected.

(3) The Provider will inform consumers in accordance with the statutory provisions if a dispute about a consumer contract could not be settled and statutory information obligations exist.

§ 21 Changes to these Terms

(1) We are entitled to change these Terms with effect for existing continuing obligations if there is a valid reason for doing so. A valid reason exists in particular in the case of a change in the legal situation, a supreme court or regulatory decision relevant to the contract, an unforeseeable change in the technical or economic framework conditions, the introduction of new or the adaptation of existing functions, and to close a gap in the provisions that has arisen after conclusion of the contract.

(2) The change may not affect the main obligations to perform or the relationship between performance and consideration and may not unreasonably disadvantage the customer. Fee adjustments are governed exclusively by § 5 paragraphs 5 and 6.

(3) We notify the customer of the intended change in text form at least six weeks before it takes effect. The notification contains the amended provisions in a highlighted comparison, the time at which they take effect, and a reference to the right to object, the period for objection and the significance of silence under paragraph 4.

(4) Changes that are purely editorial in nature, exclusively benefit the customer or are necessary to implement mandatory statutory requirements take effect at the time stated in the notification if the customer does not object to them in text form by then; we point this out separately in the notification under paragraph 3. All other changes only take effect if the customer expressly agrees to them; in this respect, the customer's silence does not count as consent. If the customer objects or does not agree, the contract continues on the previous terms; in this case, we are entitled to terminate the contract with one month's notice to the end of a month. We refund prepaid fees pro rata.

(5) For contracts that are not aimed at a continuous provision of services, only the version of these Terms included at the time the contract was concluded applies.

§ 22 Final provisions

(1) The customer may only transfer rights and obligations under this contract to third parties with our prior consent in text form. Consent may not be refused without objective reason. Section 354a of the German Commercial Code (HGB) remains unaffected.

(2) We are entitled to transfer our rights and obligations under this contract in whole or in part to an affiliated company or to a legal successor as part of a transfer of the business area concerned. We inform the customer of this in text form at least four weeks in advance. In this case, the customer is entitled to terminate the contract for cause within four weeks of receipt of the notification.

(3) Amendments and additions to the contract must be made in text form. This also applies to the waiver of this text form requirement. Individual contractual agreements always take precedence; Section 305b BGB remains unaffected.

(4) In the event of contradictions, the following order of precedence applies: individual written agreement, order confirmation or order summary, description of services, data processing agreement (for its subject matter), these Terms.

(5) Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.

(6) The invalid provision is replaced by the statutory provisions.

(7) Version of these Terms: 2 November 2026.

(8) The contract language is German. Translations of these Terms serve solely for understanding; the German version is authoritative.

Annex: Model withdrawal policy for consumers

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us, Orbita Media GmbH, Ericusspitze 4, 20457 Hamburg, Germany, phone: +49 156 79036138, email: kontakt@orbita-media.de, of your decision to withdraw from this contract by an unequivocal statement, for example a letter sent by post or an email. You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Special note on digital content and digital services

In the case of a contract for the supply of digital content that is not supplied on a tangible medium, your right of withdrawal expires prematurely if we have begun performing the contract after you have expressly consented to our beginning performance of the contract before the end of the withdrawal period, you have acknowledged that by giving your consent you lose your right of withdrawal once performance of the contract begins, and we have provided you with a confirmation in accordance with Section 312f BGB.

In the case of a contract for the provision of a digital service, your right of withdrawal expires if we have fully performed the service and only began performance after you gave your express consent and at the same time acknowledged that you lose your right of withdrawal once we have fully performed the contract.

If you requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount which is in proportion to the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract, in comparison with the full scope of the services provided for in the contract.

Model withdrawal form

(If you want to withdraw from the contract, please complete and return this form.)

To: Orbita Media GmbH, Ericusspitze 4, 20457 Hamburg, Germany, email: kontakt@orbita-media.de

I/We () hereby withdraw from the contract concluded by me/us () for the provision of the following service or the supply of the following digital product (*):

Ordered on () / access received on ():

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

Annex: Special terms for dynamic QR codes

DRAFT – review by our lawyer (Rechtsanwalt Dustin) pending. This annex has not yet been approved and may change before approval. Version: 25 October 2026. As with the Terms, the German version is authoritative.

1. Scope and definitions

(1) This annex applies to contracts for the "Dynamic QR codes" subscription (the "Subscription") and supplements the Terms. In the event of conflict, this annex prevails over the Terms. Where codes keep forwarding after the Subscription has ended (no. 4), this annex continues to apply to that extent.

(2) A "code" is a QR code containing a short address on our domain used solely for this purpose (the "forwarding domain"). The "target" is the internet address to which the customer has a code forward. "People who scan" are persons who open a code.

(3) The Subscription is a contract for a digital service within the meaning of Section 327(2) sentence 2 BGB.

2. Services during the Subscription

(1) During the Subscription, the customer can

a) use up to 10 codes at the same time; codes in the trash do not count;

b) change the target of any code at any time without the printed code changing;

c) design codes with the styles of the free Bookfairy QR code generator and download them as SVG, PNG and PDF;

d) pause codes, move them to the trash, restore them and delete them permanently;

e) view statistics of scans by day, country, device class and operating system family and download them as a CSV file.

The number of scans is unlimited.

(2) When someone opens a code, we forward them to the target by HTTP redirect, unless a check, notice or block page appears under no. 3 or no. 7. We do not provide the content of the targets, we do not choose, recommend or promote our customers' targets, and we do not adopt their content as our own. Beyond the checks under no. 3, we are not obliged to monitor targets or to actively seek illegal content (Art. 8 of Regulation (EU) 2022/2065 on digital services, the "DSA").

(3) The statistics count scans, not people; they contain no data that identifies people who scan. Details are set out in the annex "Processing on behalf for the scan statistics" and in section 4.16 of the Privacy Policy. We show automated requests, such as link previews in messengers, separately as far as we can recognise them; we do not owe a complete separation.

(4) Availability during the Subscription is governed by § 6 of the Terms.

3. Checking of targets and notice pages

(1) Before activation, new targets are checked automatically on our own server: against public block lists of known phishing, scam and malware sites (currently Phishing.Database, Block List Project and HaGeZi Threat Intelligence Feeds), against our own block list of domains and against our rules under no. 6. We do not pass target addresses to third parties for this. A code only forwards to its target once it has passed the check; until then, people who scan see the page "Code is being checked". The same applies to every change of a target. If the block lists are temporarily out of date, a new target waits until they are current again. The number of target changes per day is limited, more tightly for new accounts.

(2) We download the block lists again several times a day. We repeat the check regularly for all active targets and immediately when a code is reported for phishing or malware.

(3) During the first three days after a customer's first Subscription, people who scan see a notice page showing the target address and a "Continue" button before the target. This is a general protective measure for new accounts and not an objection.

(4) The same notice page appears while we review a reported or suspicious code, in particular after a report of phishing or malware without a hit in the block lists and for targets whose address resembles well-known brands or sign-in pages. The customer can see in the account, next to the code, that the code is being reviewed. We complete the review promptly.

(5) The checks protect people who scan. They are voluntary measures under Art. 7 DSA and do not release the customer from their responsibility under no. 5. Passing a check does not mean that a target is lawful.

4. Forwarding after the end of the contract [decision Noah]

(1) When the Subscription ends, for whatever reason, codes that are forwarding at that time keep forwarding to their last target. This does not apply to codes blocked under no. 7, nor to any of the customer's codes if we have terminated the contract for good cause under no. 7(1)(e).

(2) After the end of the contract, the customer can no longer change targets or create new codes, and the statistics are no longer available. The customer can still download the code files. The customer can switch off a code at any time, in the account or by email to support@getbookfairy.com. If the customer takes out a new Subscription, they can edit their codes again.

(3) Retention commitment: we maintain the forwarding under paragraph 1 for at least five years from the end of the contract and beyond that for as long as we operate the dynamic QR code service. If we discontinue the service as a whole, we will announce this at least twelve months in advance in text form to the most recently stored email address; before the five years have passed, we only stop forwarding in this case.

(4) As long as the customer's codes keep forwarding under paragraph 1, we will not delete the customer account under § 3(7) of the Terms. The customer keeps their email address up to date so that notices under no. 8 reach them.

(5) Nos. 5 to 8, 11 and 12 of this annex continue to apply to forwarding after the end of the contract. We do not owe any particular availability for it; § 15 of the Terms remains unaffected.

5. Responsibility of the customer

(1) The customer is solely responsible for the targets of their codes and for where and how they distribute the codes, for example in books, on posters or in advertising. The customer warrants that targets and distribution are lawful and comply with this annex.

(2) The customer checks their targets regularly and changes or switches off a code without undue delay if a target is no longer permissible, for example because a domain has expired and now belongs to a third party.

(3) The customer informs people who scan, in their own privacy policy, that they have scans of their codes counted.

6. Prohibited targets

Targets are not permitted if they

a) contain illegal content within the meaning of Art. 3(h) DSA or refer to an illegal activity;

b) serve phishing or fraud, in particular fake sign-in, payment or government pages;

c) distribute malware or unwanted software or directly download executable files (for example .exe, .apk, .msi, .dmg, .js, .sh);

d) are distributed through unlawful advertising, in particular spam;

e) show pornographic or sexually explicit content, even if it is legal;

f) glorify violence, incite hatred or violence, or spread extremist content;

g) offer unlicensed gambling, weapons or drugs;

h) infringe copyright, trade mark, name or personality rights;

i) conceal the actual target, in particular through third-party link shorteners or QR forwarding services, chains of redirects, addresses imitating well-known brands or sign-in pages, or targets that show checking services different content from visitors;

j) are technically impermissible: protocols other than http and https, IP addresses, internal names such as localhost, or addresses on the forwarding domain itself;

k) are on a domain on our internal block list, to which we add domains for which we have established an infringement.

7. Measures

(1) In the event of a breach of no. 5 or no. 6 we may, depending on severity, frequency and fault and with due regard to the fundamental rights of everyone involved,

a) show a notice page before the target (no. 3(4));

b) block the individual code; people who scan then see a block page with the category of the breach instead of the target;

c) block a target domain for all codes (no. 6(k));

d) block the creation and editing of codes in the customer's account;

e) terminate the Subscription for good cause (Section 314 BGB) and switch off all of the customer's codes.

(2) Examples: a code with a phishing or malware target is blocked immediately. Anyone who repeatedly stores prohibited targets, or replaces a target with a similar one after a block, must expect measures under (d) and (e). In the case of child sexual abuse material, we terminate immediately and report it to the police. A block is never imposed solely because of the number of reports about a code.

(3) Measures are limited to what is necessary: a block only affects the individual code unless a measure under paragraph 1(c) to (e) is required. We never redirect a target that we can change to our own content or to third-party content.

8. Procedure, statement of reasons and appeal

(1) We block a code immediately in cases of phishing, malware, fraud or any other clearly recognisable breach. At the latest when the block takes effect, we inform the customer by email of the measure, the category, the underlying facts, whether it is based on a report, on our own review or on a public block list, whether it was taken by automated means, the rule of this annex that was breached and the customer's means of redress (Art. 17 DSA). A person reviews every automated block.

(2) If a breach cannot be readily established, for example in the case of alleged infringements of personality rights, we give the customer an opportunity to comment before we decide, unless there is a risk to people who scan or to third parties.

(3) We only take measures under no. 7(1)(d) and (e) after informing the customer in text form of the intended measure and its reason and giving them seven days to comment; a person then decides again. We only act without prior notice if it would defeat the purpose of the measure or a serious criminal offence is at issue; in that case we provide the information without undue delay afterwards.

(4) The customer can appeal against any measure within six months of the notice, in the account next to the code concerned or by replying to our email. A person reviews the appeal, decides again and informs the customer of the result with reasons. If a measure was unfounded, we lift it without undue delay.

(5) Recourse to the courts remains open. The obligation to state reasons does not apply where Art. 17(2) DSA permits this, in particular for deceptive high-volume commercial content.

(6) Reports by third parties: anyone can report a code without an account using the report form at /report on the forwarding domain, also directly from the notice and block pages (Art. 16 DSA). Anyone who provides an email address receives an acknowledgement of receipt and our decision with information on the available means of redress. Reports of phishing or malware immediately trigger a new check against the block lists; if there is a hit, the code is blocked automatically, otherwise the notice page appears until the review is complete. A person reviews urgent reports immediately and all others as a rule within 24 hours. We pass information about criminal offences that threaten the life or safety of persons to law enforcement authorities (Art. 18 DSA).

(7) Tools used (Art. 14 DSA): automated checks against public block lists and our own block list of domains, rule-based checks under no. 6(c), (i), (j) and (k), automated detection of addresses resembling brands or sign-in pages, and review by people. Final decisions on appeals, account blocks and terminations are always taken by a person.

9. Fees in the event of a block or termination by us

(1) Blocking individual codes does not affect the fee. The customer can move a blocked code to the trash and use another code instead.

(2) If we terminate the Subscription for good cause, we refund fees paid in advance for the period after the termination takes effect on a pro rata basis. Any claim for damages remains unaffected (Section 314(4) BGB).

(3) We may terminate the Subscription with one month's notice to the end of a billing period; no. 4 then applies.

10. Term, renewal and termination

(1) The Subscription is concluded on a monthly or yearly basis. The fee is payable in advance for each billing period and is collected through our payment service provider Stripe.

(2) The monthly Subscription renews for one month at a time. The customer can cancel it at any time with effect from the end of the current month.

(3) For business customers, the yearly Subscription renews for one year at a time; they can cancel it at any time with effect from the end of the current year. For consumers, the yearly Subscription continues for an indefinite period after the first year; consumers can then cancel it at any time with one month's notice (Section 309 no. 9 BGB, § 16(2) of the Terms). We refund fees paid in advance for the period after such a cancellation takes effect on a pro rata basis.

(4) The customer can give ordinary or extraordinary notice of termination using the "Cancel contracts here" button in the account under "Dynamic QR codes" (Section 312k BGB), and also in text form, for example by email to support@getbookfairy.com. We immediately confirm by email the content of the notice, the date and time of its receipt and the date on which the Subscription ends. The customer can withdraw the cancellation in the account until the Subscription ends.

(5) The right of both parties to terminate for good cause remains unaffected.

(6) Consumers have a right of withdrawal under § 13 of the Terms and the withdrawal policy. It does not expire merely because we begin performance. If the consumer requested that we begin before the end of the withdrawal period, in the event of withdrawal they owe compensation for the service provided until then in proportion to the agreed term (Section 357a(2) BGB). After a withdrawal, no. 4 applies accordingly.

11. Indemnification

(1) The customer indemnifies us against claims by third parties based on a breach of no. 5 or no. 6 for which the customer is responsible, in particular unlawful targets or unlawful distribution of their codes. The indemnity covers the reasonable costs of legal defence in the amount of the statutory fees.

(2) We inform the customer without undue delay of any claim, do not acknowledge anything or settle without consulting them, and the customer supports us in defending the claims. § 10(7) of the Terms applies accordingly.

12. Liability

(1) Our liability is governed by § 15 of the Terms.

(2) We are not liable for the content of the targets or for how the customer distributes their codes, to the extent that we are not responsible under Art. 6 DSA.

13. Data protection

For the scan statistics we process personal data on behalf of the customer; the annex "Processing on behalf for the scan statistics" applies. We are the controller for forwarding, security, checking of targets and reports (section 4.16 of the Privacy Policy).

14. Point of contact

The single point of contact for authorities, the European Commission and the European Board for Digital Services (Art. 11 DSA) and for users (Art. 12 DSA) is support@getbookfairy.com. You will reach people there, in German and English. The quickest way to report illegal targets is the report form at /report on the forwarding domain.

15. Changes to this annex

§ 21 of the Terms applies to changes to this annex. We inform customers of significant changes to the rules in no. 3 and nos. 5 to 8 even if their Subscription has ended and their codes keep forwarding under no. 4 (Art. 14(2) DSA).

Annex: Processing on behalf for the scan statistics (Art. 28 GDPR) – DRAFT

DRAFT – review by our lawyer (Rechtsanwalt Dustin) pending. This annex has not yet been approved and may change before approval. Version: 25 October 2026. The German version is authoritative.

1. Parties and conclusion

(1) This agreement applies between the customer of the "Dynamic QR codes" subscription as controller (the "Controller") and Orbita Media GmbH, Ericusspitze 4, 20457 Hamburg, Germany, as processor (the "Processor"). It is concluded electronically together with the subscription (Art. 28(9) GDPR) and is a data processing agreement within the meaning of § 17(4) of the Terms.

(2) Terms such as "processing", "personal data" and "personal data breach" have the meaning given in Art. 4 GDPR.

2. Subject matter, duration, nature and purpose

(1) The subject matter is the collection, counting, storage and display of the scans of the Controller's codes and their provision for download (scan statistics).

(2) Nature of the processing: when a code is opened, the Processor determines the country from the country code that Cloudflare derives from the IP address, and the device class and operating system family from the user agent. It uses this to increase a daily counter for the code, transfers the counters to its database, shows them to the Controller in the account and provides them as a CSV file.

(3) The purpose is to measure the reach of the Controller's codes.

(4) The agreement runs for as long as the subscription. No. 9 remains unaffected.

3. Types of data and data subjects

(1) During the request: IP address (only for Cloudflare to determine the country), user agent, time and the short address requested. Only daily figures per code with day, country, device class, operating system family and count are stored; IP address and user agent are not stored for the statistics, and no identifier is created by which persons could be recognised.

(2) Data subjects are persons who scan the Controller's codes.

4. Delimitation

This agreement does not cover the operation of the forwarding, the server logs, the security of the service, the checking of targets, the prevention of abuse or the handling of reports under the DSA. The Processor is itself the controller for these (section 4.16 of the Privacy Policy). The Processor does not use the scan statistics data for its own purposes.

5. Instructions

(1) The Processor processes the data only on documented instructions from the Controller, including with regard to transfers to a third country, unless required to do so by Union or Member State law; in such a case, it informs the Controller of that legal requirement before processing, unless that law prohibits this (Art. 28(3)(a) GDPR).

(2) Documented instructions are this agreement and the use of the functions in the account (viewing, downloading, deleting codes). The Controller gives further instructions in text form to support@getbookfairy.com.

(3) If the Processor considers an instruction to be unlawful, it informs the Controller without undue delay and may suspend its execution until the matter is clarified.

6. Confidentiality and security

(1) The Processor only uses persons who have committed themselves to confidentiality or are under a statutory obligation of confidentiality (Art. 28(3)(b) GDPR).

(2) The Processor takes the technical and organisational measures under Art. 32 GDPR, in particular: data minimisation (no storage of IP addresses and user agents for the statistics, no recognition, no cookies, no JavaScript on the forwarding domain); operation on servers of Hetzner Online GmbH in Germany; encrypted transmission (HTTPS); access to database and servers only for authorised administrators; separation of data by customer account; logging of administrative actions; regular backups; automated deletion routines. It may adapt the measures to the state of the art provided that the level of protection does not fall. It provides a detailed description on request.

7. Sub-processors

(1) The Controller authorises the use of the following sub-processors:

(2) The Processor may engage or replace further sub-processors (general authorisation, Art. 28(2) GDPR). It informs the Controller at least four weeks in advance in text form. The Controller may object within this period for an important data protection reason; if no agreement is reached, the Controller may terminate the subscription with effect from the date of the change.

(3) The Processor imposes the same data protection obligations on each sub-processor as in this agreement and is liable for it under Art. 28(4) GDPR. Transfers to third countries take place only under the conditions of Art. 44 et seq. GDPR.

8. Assistance

(1) The Processor assists the Controller with appropriate measures in responding to requests from data subjects (Art. 28(3)(e) GDPR). As the stored daily figures do not identify anyone, requests about individual scans are as a rule to be answered under Art. 11(2) GDPR; the Processor forwards requests it receives to the Controller.

(2) It assists the Controller in complying with the obligations under Art. 32 to 36 GDPR (security, notification of breaches, data protection impact assessment, prior consultation), taking into account the nature of the processing and the information available to it (Art. 28(3)(f) GDPR).

(3) It notifies the Controller of a personal data breach without undue delay, where possible within 48 hours of becoming aware of it, with the information under Art. 33(3) GDPR insofar as it is available.

9. Deletion after the end of the agreement

During the subscription, the Controller can download the statistics as a CSV file at any time. After the subscription ends, the Processor no longer collects statistics for the Controller and deletes the stored daily figures 30 days after the end of the agreement, unless there is an obligation to store them (Art. 28(3)(g) GDPR). If the Controller deletes a code permanently, its daily figures are deleted immediately.

10. Evidence and audits

(1) The Processor makes available to the Controller all information necessary to demonstrate compliance with this agreement (Art. 28(3)(h) GDPR). As evidence it may in particular present certificates of its sub-processors, for example under ISO/IEC 27001.

(2) The Controller, or an auditor mandated by the Controller who is bound to confidentiality, may carry out audits, including inspections. They must be announced with reasonable notice, as a rule four weeks, take place during normal business hours and must not disrupt operations more than necessary.

11. Final provisions

(1) Liability is governed by Art. 82 GDPR; otherwise § 15 of the Terms applies.

(2) In the event of conflict, this agreement prevails over the Terms and the annex "Special terms for dynamic QR codes" with regard to processing on behalf (§ 22(4) of the Terms).