General Terms and Conditions for End Users
1. Scope and Definitions
1.1 These General Terms and Conditions apply to the business relationship between ambye Private Media & Mediation Platform GmbH, Lorenz-Oettl-Straße 3, 86899 Landsberg am Lech, Germany, hereinafter referred to as the “Provider”, and the customer, hereinafter referred to as the “Customer”, collectively also referred to as “the Parties”, for the provision of software-as-a-service services in the field of digital content sharing, hereinafter referred to as “Services”.
These Services include in particular, but not exclusively, the use of the website www.ambye.com, hereinafter referred to as the “Website”, and/or the app ambye.
1.2 These General Terms and Conditions also apply to recipients of messages or content provided via the app. Recipients must expressly accept the applicability of these General Terms and Conditions before accessing the content transmitted to them.
1.3 The Services are intended exclusively for consumers.
1.4 Conflicting, deviating, or supplementary general terms and conditions of the Customer shall not become part of the contract unless the Provider expressly agrees to their validity.
These General Terms and Conditions shall also apply if the Provider performs Services without reservation in the knowledge of terms and conditions of the Customer that conflict with or deviate from these General Terms and Conditions.
1.5 For reasons of readability and simplification, the generic masculine form is used in these General Terms and Conditions as well as on the website www.ambye.com and/or the app. All personal designations apply equally to all genders. No discrimination or limitation is intended.
2. Subject Matter of the Service
2.1 The Provider makes a mobile app available to the Customer, through which the Customer can upload data in the form of digital messages and information, temporarily store them, and then transmit them automatically to selected recipients either with a time delay or triggered by events.
Various packages, in particular Regular and Premium, are offered. The specific offer in each case is decisive.
2.2 In the case of time-delayed transmission, the data is automatically transmitted to the named recipient or recipients after the period defined by the Customer has expired.
In the case of event-triggered transmission, the transmission occurs if no action or response takes place in the app within a defined period. The Customer may revoke the transmission until it is sent.
The recipient or recipients will receive a link to access the data stored by the sender, which requires logging in or registering in the app. Repeated retrieval of the data may incur additional costs for the recipient, which are presented transparently.
3. Terms of Use Agreement, Registration and Payment Processing
3.1 The registration of the Customer is a prerequisite for the use of the Services. Registration takes place with acceptance of these Terms of Use as well as the Privacy Policy and requires the truthful provision of the requested data.
Registration in the name of a third party, regardless of their consent, as well as multiple registrations by one Customer under different names, are not permitted.
The Provider expressly reserves the right to verify the data provided during registration by appropriate measures. Upon confirmation of the registration by the Provider, a contract for the use of the app, hereinafter referred to as the “Terms of Use Agreement”, is concluded between the Provider and the Customer.
Registration requires that the Customer is at least 16 years old. There is no entitlement to the conclusion of a Terms of Use Agreement.
3.2 Within the scope of the contract for the use of the content established through the use of the app, the Customer is permitted to use the provided functions for their own purposes in accordance with these Terms of Use.
3.3 The use of certain functions may be subject to specific conditions. The Provider reserves the right to change the Terms of Use at any time and to make further use of the Website and the app dependent on acceptance of the amended Terms of Use.
3.4 The presentation of Services on the Website or in advertisements does not constitute a binding offer by the Provider to conclude a paid contract. The Customer is merely invited to submit an offer by registering on the Provider’s Website or in the app for a corresponding offer.
3.5 All payments are processed via the app. The fee models, including one-time payments, monthly payments, billing upon vault release, and additional costs for recipients, are presented in the app and handled as part of the booking process.
3.6 If the Customer wishes to change the booked service package, the currently booked package must first be canceled. Refunds of fees already paid will not be made. The desired new package must then be booked for a fee.
4. Obligations of the Customer
4.1 The Customer undertakes to use the functions provided by the Provider only to the extent contractually agreed.
4.2 The Customer is obliged to ensure that the information entered by them and the content stored in the app in the form of data uploads do not infringe any third-party rights and do not violate applicable legal provisions.
In the event of a breach of this provision, the Provider expressly reserves the right to take civil and/or criminal action. The Customer hereby indemnifies the Provider against any possible recourse claims that may result from a violation of this provision.
4.3 The Customer acknowledges that, in the event of a violation of the conditions set out herein, they may be temporarily or permanently excluded from the Service by the Provider at any time, meaning their account may be deactivated.
4.4 The Customer is obliged to keep their stored customer information and access data, in particular their email address, up to date.
4.5 The Customer is solely responsible for ensuring that the technical requirements are met in order to fully use the Service. In the event of technical problems with the provided Service, the Customer is also obliged to cooperate as best as possible in resolving the issue.
4.6 The Customer is obliged to keep their access data, in particular the password they have chosen, confidential at all times and to prevent any unauthorized access to their user account by third parties by means of appropriate measures. This also applies to access to the specified email inbox.
The Customer is obliged to inform the Provider immediately if there are indications that the access data may be used without authorization. The Customer is liable for any misuse of the user account and/or their data.
5. Liability for Damages
5.1 The Provider shall be liable, regardless of the legal grounds, only within the framework of the statutory provisions and in accordance with the following clauses.
5.2 The Provider shall only be liable for damages resulting from injury to life, body, or health, as well as for damages caused by intent or gross negligence on the part of the Provider or one of its legal representatives or agents.
In addition, the Provider shall be liable, limited to compensation for typical foreseeable contractual damages, for such damages resulting from a slightly negligent breach of essential contractual obligations by the Provider or one of its legal representatives or agents.
Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Customer may regularly rely.
5.3 The Provider assumes no liability for the accuracy or completeness of the data provided.
5.4 The Provider assumes no liability for unforeseen software malfunctions originating from third parties, technical bugs, or data loss over which the Provider has no control.
The Provider endeavors to remedy any server disruptions as quickly as possible and to carry out maintenance work carefully. Furthermore, the Provider cannot guarantee continuous availability of the Website to the Customer.
5.5 The Customer shall indemnify the Provider against all claims by third parties asserted against the Provider due to a violation of these Terms and Conditions by the Customer.
In this case, the Customer shall also reimburse the Provider for all costs incurred in legal prosecution and defense.
5.6 The Provider assumes no liability, to the extent permitted by law, for content uploaded or transmitted by Customers, for identity misuse, incorrect dispatch, data breaches, or misuse of the app.
The Provider is not obligated to check content for criminal acts or to report them.
6. Data Protection and Confidentiality
6.1 The processing of personal data for the fulfillment of the contractually agreed Services is carried out in accordance with national and European data protection laws. The processing of personal data required to fulfill the contractual offer is based on Art. 6 lit. b GDPR.
Beyond this, any further processing of data or disclosure to third parties shall only take place in cases where the Customer has previously given explicit consent or where the processing or disclosure is necessary for the performance of the contract and is in the interest of the Customer.
Otherwise, the Provider refers to the data protection provisions available at https://ambye.com/datenschutz-en/.
6.2 The contracting parties undertake to treat as confidential any information or documents from the sphere of the other party that become known to them in the course of contract performance and are not obvious or publicly accessible.
This obligation of confidentiality shall continue to apply even after the termination of the contractual relationship.
6.3 Further processing of data for analysis or marketing purposes is generally carried out in anonymized form.
7. Usage Rights and Encryption
7.1 The Customer grants the Provider all non-exclusive rights to the uploaded content and the information made available, without limitation in terms of location, time, or subject matter, for non-public use.
The transfer of rights is independent of the existence or non-existence of a usage agreement and shall continue to apply even after the expiration of such a usage agreement.
In particular, the Provider is entitled to reproduce, distribute, and, if necessary, edit the content, for example for technical reasons. The content may also be used for commercial purposes and passed on to third parties. Editing or adaptation is permitted.
The Provider will ensure, through appropriate encryption technology, that the content is protected against access by third parties.
8. Special Conditions for Recipients
8.1 The Provider assumes no responsibility for the content posted by the Customer and does not adopt it as its own. The user is solely responsible for the legality, accuracy, and completeness of the content.
The Provider is not liable for damages arising from the use or publication of this content.
8.2 The user is obliged to keep their access data, in particular passwords and access to their email account, secure and confidential. The user bears sole responsibility for all actions carried out using their access data.
9. Provider’s Intellectual Property Rights and Reference Use
9.1 The Provider’s entire offering is subject to the applicable industrial property rights, such as copyright law, and is legally protected by the Provider and/or its licensors.
This applies in particular to the entire data and database structure as well as to the external appearance of the Website.
9.2 All legally protected content of the Provider, as well as the entire data and database structure, may not be published, reproduced, made publicly accessible, or passed on to third parties without the explicit prior consent of the Provider.
The Customer is granted a simple, non-transferable, time-limited right to use the Website for the duration of the contract. Any commercial use is in any case prohibited without the prior consent of the Provider.
9.3 Automated data retrieval via scripts, bots, crawlers, or similar technologies, bypassing the search mask, using search software, or comparable actions, in particular data mining or data extraction, as well as the collection of protected data and database content by other means, is not permitted.
The assertion of claims for damages in this regard is expressly reserved.
10. Contract Term, Termination and Account Deletion
10.1 The minimum contract term is 4 weeks. The contract will be automatically extended by the duration of the initial term unless it is terminated with 7 days’ notice before the end of the term.
10.2 The Provider is entitled to terminate the usage contract for good cause, including by extraordinary termination.
11. Website and App Availability
11.1 The Provider strives for high availability of the Website and the app. However, the Customer is aware of and agrees that the availability of the Website and the app may be limited, in particular, during the following times:
Times of unavailability due to internet disruptions beyond the Provider’s control or other circumstances for which the Provider is not responsible, especially force majeure;
Times of unavailability due to maintenance work on the Website or the app.
12. General Provisions
12.1 To the extent legally permissible, the place of performance is Landsberg am Lech. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law, or special funds under public law arising from contracts is Landsberg am Lech.
12.2 There are no side agreements to these Terms and Conditions, and any such agreements require written form to be effective. This also applies to any amendments to this provision itself.
12.3 The possible invalidity or ineffectiveness of one or more provisions of these Terms and Conditions does not affect the validity of the remaining provisions.
The Parties agree to replace the invalid provision with an effective provision that corresponds in meaning and comes as close as possible to the intended regulation both economically and legally.
12.4 The Provider reserves the right to amend these Terms and Conditions at any time for important reasons, unless the amendment is unreasonable for the Customer.
Important reasons include, in particular, changes in law, changed case law, or significant operational and/or economic changes of the Provider.
The Provider will notify the Customer in a timely manner in such cases. If the Customer does not object to the new Terms and Conditions within two weeks of notification, the amended Terms and Conditions are deemed accepted by the Customer.
12.5 All disputes related to the use of the Website, regardless of the legal basis, are governed exclusively by the law of the Federal Republic of Germany, excluding all conflict-of-law provisions that refer to another legal system.
Status
June 2026