General Terms and Conditions for Interface Use (GTC)
§ 1 Validity & contract partner
Contracting parties for the following general terms and conditions are Picanova GmbH, Hohenzollernring 25, 50672 Cologne, Germany (hereinafter called PICANOVA) and the client.
The use of the API-interface, which is provided under https://api.picanova.com/, by the client is exclusively under inclusion of these terms and conditions. Deviating conditions of the client are not accepted by PICANOVA. Individually made agreements always have priority.
§ 2 Content of usage
PICANOVA is Premium-Supplier of Products regarding digital imaging in national and international B2C- und B2B-Business. The portfolio of products include several state of the art photo-products like Photo on Canvases, Floating Frames, Imprints on Acryl and Forex as well as on Alu-Dibond. Included in the range of goods also are different formats of Photo-Books and imprinted accessories, presents and gifts or promotional tools (e.g. Mugs, Textiles, Puzzle, Smartphone-Cases).
In addition, PICANOVA provides a specially developed software interface (hereafter "PICANOVA API") for the direct connection of B2B clients to the technical PICANOVA printing environment.
To implement the PICANOVA API, the customer receives the required technical data after registration.
Orders placed during the implementation phase are not produced (sandbox mode). Once the test orders function properly, the user will receive notification of the successful completion of the implementation phase.
§ 3 Right of using the interface
PICANOVA grants the client, in accordance with these terms and conditions, the revocable, non-exclusive and non-transferable right to use the PICANOVA API.
§ 4 Obligations of the client
The client undertakes to use the data and information provided by PICANOVA exclusively for the purposes of the contract. The client is prohibited from using the data and information obtained for other purposes, in particular to transfer it to third parties or in any other way contrary to the contract. The client may not copy or otherwise duplicate the data to which he has access via the interface.
Client agrees not to use the PICANOVA API in connection with any of the following: pornographic content; racially discriminatory or xenophobic content; content contrary to human dignity; content contrary to the good manners.
§ 5 Confidentiality
The client must maintain strict confidentiality with regard to all information, knowledge and experience in connection with the performance of the contract, in particular business and trade secrets of PICANOVA, against unauthorized third parties and neither use them nor exploit them by third parties or third parties to make accessible.
The duty of confidentiality also refers to the time after completion of the cooperation
In the event of a breach of the here agreed or a statutory non-disclosure clause, any culpable infringement, excluding the continuation of the infringement, shall be forfeited a penalty, the amount of which shall be determined by PICANOVA and, in the event of a dispute, reviewed by the competent court for its appropriateness. A further claim for damages remains unaffected.
§ 6 Rights of PICANOVA
PICANOVA may revoke the API License at any time without compensation during the implementation phase if the Client violates the terms and conditions.
PICANOVA reserves the right to change the interface specifications at any time.
After termination of the contract, the right to use ends and PICANOVA is entitled to block the access.
§ 7 Warranty, liability
As the license is granted free of charge during the implementation phase, any warranty is excluded.
Claims for damages are excluded. This does not apply to claims for damages of the client resulting from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by PICANOVA, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on the compliance of which the contractual partner may regularly rely.
In the event of a breach of essential contractual obligations, PICANOVA shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages by the client resulting from injury to life, limb or health.
In particular, PICANOVA is therefore not liable for lost profits or other pecuniary losses of the client.
The provisions of the Product Liability Act remain unaffected.
§ 8 Third party rights / exemption
Client indemnifies PICANOVA against all third-party claims arising from the infringement of third-party rights by software applications programmed or used by the Client, unless PICANOVA is responsible for infringement of the rights of third parties.
§ 9 Miscellaneous
Place of jurisdiction
If the client is a registered trader, legal entity under public law or special fund under public law, Cologne is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship. The same applies if a client has no general place of jurisdiction in Germany, a client has relocated after the conclusion of the contract his domicile or habitual residence abroad or his domicile or habitual residence at the time of filing of the action is unknown.
German law applies to the exclusion of the UN purchase law. Jurisdiction for all disputes arising from this agreement is the main office of PICANOVA (Cologne).
If a consumer is involved, the general place of jurisdiction applies.