These Terms of Use (the “Customer Terms”) govern the legal relationship between PixelPact UG (haftungsbeschränkt), Chemnitzer Str. 18, 44139 Dortmund, Germany (“PixelPact”, “we” or “us”) and the advertising customer (the “Customer” or “you”) using the PixelPact platform to run advertising campaigns.
§ 1 Scope, audience, formation of contract, amendments
(1) These Customer Terms apply exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code, legal entities under public law and special funds under public law (e.g. brands, agencies, media agencies, registered associations acting in the course of business). We do not offer the platform to consumers.
(2) The contract is concluded upon successful registration (including email verification) and acceptance of these Terms. PixelPact confirms the contract by activating the customer account.
(3) Conflicting or deviating terms of the Customer do not apply unless PixelPact expressly agrees in text form.
(4) Where the Customer acts for a third party (in particular an agency on behalf of a brand), the Customer warrants that it is authorised to submit the campaign in the name and for the account of the third party. In the case of agencies, the agency and the advertised brand are jointly and severally liable unless the agency demonstrably places the order in its own name.
(5) PixelPact may amend these Customer Terms to adapt them to changed legal or factual conditions. Section 1(4) of the Streamer Terms applies accordingly (30 days’ prior notice in text form, deemed consent if no objection is raised, right of termination).
§ 2 PixelPact’s services
(1) PixelPact provides the Customer with an online platform via which CPM-based advertising campaigns can be booked and analysed in participating streamers’ live streams. PixelPact’s services include in particular:
- providing a campaign creation workflow (six-step wizard) and a dashboard with real-time analytics (budget spend, impressions, eCPM, pacing, streamer performance, delivery heatmap),
- placing and delivering campaigns to suitable streamers based on the targeting criteria chosen by the Customer in the wizard,
- automated verification of deliveries (real-time check and post-stream reconciliation),
- settlement based on verified impressions and clicks against the wallet balance (§ 5) and electronic invoicing via the payment service provider.
(2) No particular number of impressions, reach, click rate or conversion is guaranteed unless expressly agreed in text form. The estimates shown in the wizard (impressions, viewer range, minimum runtime) are non-binding forecasts based on historical platform data.
(3) PixelPact does not owe uninterrupted availability but targets an annual average availability of 99%. Section 2(2) and (3) of the Streamer Terms apply to customers accordingly.
§ 3 Registration, verification, two-factor authentication
(1) Registration is carried out via email and password or alternatively via Google (OAuth). The Customer provides its complete company details (company, legal form, billing address, VAT ID, contact person) and keeps them accurate and current during the entire contract term.
(2) To secure the customer account PixelPact recommends activating two-factor authentication (TOTP). The Customer is responsible for safeguarding its credentials and backup codes. Any suspected misuse must be reported to PixelPact without undue delay.
(3) PixelPact may verify the Customer’s information (e.g. by automated VAT ID check via MIAS or by requesting suitable evidence such as a commercial register extract). Incorrect or incomplete information entitles PixelPact to suspend or terminate the contract.
§ 4 Creation and activation of campaigns
(1) Campaigns are created via the provided wizard and activated by the Customer on a self-service basis. The platform only performs a technical completeness check of the mandatory fields (briefing, targeting, creatives, budget, budget coverage). PixelPact does not carry out any substantive or legal pre-check of campaigns or creatives; responsibility for the content lies with the Customer (cf. § 7).
(2) PixelPact is entitled, but not obliged, to review campaigns at any time — including after activation — and to reject, pause or end them, in particular where they infringe applicable law, these Terms or internal content guidelines (e.g. gambling, political advertising in regulated periods, prohibited product categories). § 10(1) sentence 2 (information of the Customer) applies accordingly; any unconsumed budget is credited back to the wallet in such cases (§ 6).
(2a) Gambling. Gambling advertising is not delivered through PixelPact. This applies regardless of whether the operator holds a German or a foreign licence, and covers in particular sports betting, online casinos, poker, lotteries and paid offerings with gambling-like mechanics. Campaigns of this kind are rejected or ended; paragraph 2 sentence 2 applies accordingly.
(3) Changes to active campaigns (in particular budget increases, runtime extensions, creative exchanges) are made by the Customer via the platform; paragraph 2 applies accordingly.
§ 5 Prices, credit account (wallet), payment, invoicing
(1) PixelPact is remunerated on a CPM basis per verified impression — for campaigns with a tracking link additionally per verified click (CPC) — at the rates shown in the wizard at the time the campaign starts. Rates may vary per campaign, asset type (static/animated) and platform and are locked in for the campaign’s runtime upon activation. All prices are stated in euros and plus any statutory VAT.
(1a) Moment Marketing. For chat and combined campaigns the customer may book the “Moment Marketing” add-on. For deliveries brought forward on account of a detected chat situation, the CPM under paragraph 1 increases by a percentage surcharge; all other deliveries of the same campaign are billed unchanged under paragraph 1. The surcharge is shown in the wizard before booking and is fixed for the campaign’s term when the campaign is created. Booking the add-on does not increase the campaign budget; surcharged deliveries consume it correspondingly faster. There is no entitlement to any particular number of brought-forward deliveries, as this depends on the course of the chat. Detection currently takes place on Twitch only.
(2) Credit account (wallet): Campaigns are funded from a credit account of the Customer (“wallet”). The Customer tops up the wallet via the payment service provider Stripe Payments Europe Limited; the available payment methods and the minimum and maximum top-up amounts are shown in the customer portal. The net amount of each top-up is credited to the wallet; VAT is shown on the invoice (paragraph 5). The balance does not bear interest.
(3) Earmarking, advance payment, refund: Wallet credit is earmarked for booking campaigns with PixelPact. Upon activation of a campaign the campaign budget is reserved from the free balance; no delivery takes place without sufficient credit (advance-payment principle). Upon termination of the contract, unconsumed and unreserved credit is refunded within 30 days via the original payment method or, alternatively, to an account specified by the Customer.
(4) Automatic top-up (auto-recharge): The Customer may optionally configure that, when the free balance falls below a threshold set by the Customer, an amount set by the Customer is automatically charged to the stored payment method and credited to the wallet. The feature can be deactivated in the customer portal at any time. After three consecutive failed charges PixelPact deactivates the feature automatically and informs the Customer in text form.
(5) Invoices for top-ups are provided electronically via the payment service provider. The Customer consents to receiving electronic invoices; where a structured electronic invoice (E-Rechnung) is required by law, it will be provided. In case of payment default the statutory rules apply (Section 288 BGB).
(6) Set-off and retention: The Customer may only set off against undisputed or finally adjudicated claims or exercise a right of retention based on such claims, unless the right of retention is based on the same contractual relationship.
(7) Minimum budgets and minimum runtimes may be indicated in the platform; they are based on the platform capacity actually available and are binding for the respective campaign booked.
§ 6 Budget control, reconciliation, cancellation
(1) The campaign budget set in the wizard is an upper limit. Overruns are excluded. PixelPact ensures that no further impressions are delivered once the budget is exhausted; minimal technical overruns within a single delivery cycle are system-inherent and are not invoiced to the Customer.
(2) As part of post-stream reconciliation, impressions are subsequently checked and invalidated where applicable (cf. § 6 of the Streamer Terms). Invalidated impressions are not charged to the Customer; amounts already debited are credited back to the campaign budget or, after the campaign has ended, to the wallet.
(3) The Customer may pause and resume an active campaign at any time via the platform. The Customer may request early termination of a campaign at any time in text form (including via support); PixelPact implements it without undue delay, at the latest within two business days. Upon termination only the budget consumed until then is charged; the remaining reserved budget is credited back to the wallet. § 5(3) applies to refunds of wallet credit.
§ 7 Creatives, Customer warranties, indemnification
(1) The Customer warrants for every uploaded creative and every briefing that:
- it is authorised to use all content contained therein (images, videos, music, text, trademarks, depictions of persons and recognisable locations) for delivery via the PixelPact platform in live streaming;
- it holds all necessary usage, licence, trademark and personality rights as well as the necessary consents (in particular GEMA, VG Bild-Kunst, model releases, trademark licences);
- the content does not infringe applicable law (in particular competition, copyright, trademark, youth protection, pharmaceutical advertising law or the German Act against Unfair Competition, UWG) or the rules of the streaming platform used (Twitch, Kick, YouTube);
- the content is recognisable as advertising or — where required under Section 5a UWG or industry codes — is separately labelled as such.
(2) Indemnification: The Customer indemnifies PixelPact and the affected streamers against any third-party claims arising from a breach of the warranties under paragraph 1, including claims for damages, injunctive relief and information, as well as the reasonable costs of legal defence (in particular attorney’s fees and court costs at statutory rates under German law). PixelPact will inform the Customer of any claim without undue delay and give the Customer the opportunity to defend the claims.
(3) Take-down right: PixelPact may remove creatives from delivery with immediate effect if there is a justified suspicion of illegality or upon receipt of a well-founded notice under the notice-and-action procedure pursuant to Art. 16 DSA. The Customer has no claim to continued delivery in such cases; any budget not consumed up to the take-down measure is credited back to the Customer’s wallet (§ 5, § 6).
(4) AI-assisted features: PixelPact optionally provides an AI-assisted generator for campaign briefings and chat advertising texts (processing via OpenAI, cf. the Privacy Policy). AI-generated content constitutes a non-binding suggestion and is labelled as AI-generated in the platform. The Customer reviews such content before adopting it; upon adoption into a campaign it is deemed content of the Customer, and the warranties under paragraph 1 and the indemnification under paragraph 2 apply to it.
§ 8 Rights of use in creatives
(1) The Customer grants PixelPact and the assigned streamers a non-exclusive, worldwide, non-transferable right of use in the submitted creatives, limited in time and scope to the respective campaign, to the extent necessary for storage, making available to the public, transmission, caching and delivery within the platform.
(2) The right of use expires upon the campaign’s end. PixelPact is entitled to retain delivery logs and aggregated performance data for evidentiary, billing and product-development purposes.
(3) Use of the Customer’s creatives or logo for PixelPact’s own marketing (e.g. as part of a case study or reference list) requires the Customer’s prior express consent in text form.
§ 9 Notice-and-action, moderation
(1) Notices of allegedly illegal content may be submitted at any time to hello@pixelpact.de. PixelPact reviews such notices pursuant to Art. 16 DSA and decides on appropriate measures within a reasonable period. Decisions are communicated with reasons pursuant to Art. 17 DSA.
(2) The Customer may lodge a complaint against decisions within six months (Art. 20 DSA). The complaint must be addressed to hello@pixelpact.de.
§ 10 Suspension and termination
(1) PixelPact may suspend the customer account wholly or partially where there is concrete evidence of a serious breach of these Terms, statutory provisions or third-party rights. The Customer will be informed without undue delay unless a legal obligation exceptionally prohibits this.
(2) The contract is concluded for an indefinite period. Both parties may terminate it in text form at any time with 30 days’ notice to the end of the month.
(3) The right of either party to extraordinary termination for good cause remains unaffected. Good cause for PixelPact exists in particular in the event of repeated breach of § 5 (payment), § 7 (creatives) or the Customer’s insolvency.
§ 11 Warranty and liability
(1) PixelPact is liable for defects of the platform under statutory provisions unless otherwise stipulated below.
(2) PixelPact is liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, for claims under the German Product Liability Act and where a guarantee has been given.
(3) For simple negligence PixelPact is liable only for the breach of an essential contractual duty (“cardinal duty”), i.e. a duty whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance the Customer may regularly rely. In such cases liability is limited to the contract-typical, foreseeable damage, capped at EUR 10,000 per event of damage and EUR 25,000 per calendar year.
(4) Liability for indirect damages, loss of profit (in particular lost advertising revenue or sales expected from the advertised action), reputational damages and other consequential damages is excluded for simple negligence, outside of injury to life, body or health.
(5) Liability for loss of data is limited to the typical recovery effort that would have arisen even in the case of regular and appropriate data backups by the Customer.
(6) PixelPact is not liable for outages caused by force majeure, third-party attacks or outages of the third-party providers used, insofar as PixelPact is not responsible for such outages.
(7) Claims against PixelPact arising from the contractual relationship become statute-barred twelve months after the claimant gains knowledge (or grossly negligent ignorance) of the claim and the person of the damaging party, but at the latest three years after the claim arose. Statutory limitation periods for intent, gross negligence, injury to life, body or health and for claims under the German Product Liability Act remain unaffected.
§ 12 Confidentiality
The parties undertake to keep confidential information of the other party (in particular internal campaign strategies, reports, pricing, non-public streamer insights) confidential during the contract term and for three years after its termination and to use it only for the performance of the contract.
§ 13 Data protection
The processing of personal data is governed by PixelPact’s Privacy Policy. Where the Customer itself processes personal data in the context of campaigns (in particular on its own tracking pixels or landing pages), the Customer is the controller for such processing.
§ 14 Final provisions
(1) The laws of the Federal Republic of Germany apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Dortmund, Germany, insofar as the Customer is a merchant, a legal person under public law or a special fund under public law or has no general place of jurisdiction in Germany.
(3) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
(4) Unless expressly provided otherwise, communications between the parties are in text form (in particular by email to the addresses on file).