Terms of Service
Effective: June 2025
GENERAL TERMS AND CONDITIONS FOR COPYTRACK
1. Scope of Application
These General Terms and Conditions apply to contracts between RD Legal GmbH, Saarbrücker Str. 18, 10405 Berlin ("COPYTRACK"), and users of images without licenses ("Image User") regarding the platform at https://copytrack.com. User's general terms are rejected unless expressly accepted by COPYTRACK.
2. Conclusion of Contract
Image Users access the rights clearance portal via individual case numbers from COPYTRACK, where they view case information, license terms, compensation claims, purchase licenses, and settle disputes. Clicking "Pay" constitutes an offer to conclude a license agreement or settlement, deemed accepted upon receipt of confirmation email from COPYTRACK.
3. Subject Matter and Scope of Services
COPYTRACK provides a platform for settlements and subsequent licensing of intellectual property rights. The platform enables Image Users to identify unlawfully used images, defined as "photographs, photographic works, graphics, illustrations, drawings, depictions, and visual representations." Image Users may acquire retroactive rights via post-license or settlement, or prove existing valid licenses.
4. Usage Rights, Scope of License
4.1 Access Rights
COPYTRACK grants a simple, non-transferable right to access and use stored information for post-licensing or settlement purposes.
4.2 Scope of License
Users receive a simple, geographically unlimited right of use to make images publicly accessible on websites and reproduce them as necessary. Uses beyond this are prohibited. Rights are non-transferable; sublicenses cannot be granted. Editing is permitted only for technical modifications without altering image appearance.
4.3 License Duration
The license extends from the image's first public accessibility date ("last-modified date") for one year from agreement conclusion.
4.4 Attribution
Author attribution is not required; authors waive identification rights.
4.5 Prohibited Uses
Prohibited content associations include racism and discrimination against minorities, glorification of violence, incitement to criminal offenses, hate speech, defamation, pornography, political party advertising, and religious proselytizing.
4.6 Payment Condition
License grant is conditional on full payment.
4.7 Post-Expiration
After license expiration, users must delete all copies and cease public accessibility, including search engine caching. Continued use triggers contractual penalties in a reasonable amount per culpable infringement, determined by COPYTRACK and reviewable by courts.
5. Settlement
Settlement concludes claims for damages from specified alleged image use. Upon payment of the full settlement amount, COPYTRACK declares the claims for damages to be settled. Claims for pre-first-accessibility use, print media, or acts unknown to COPYTRACK are excluded from settlement coverage. Settlements do not permit continued image use. Users must delete all copies and cease public accessibility within 14 days. Post-deadline continued use triggers contractual penalties in a reasonable amount for each case of culpable infringement, determined at COPYTRACK's discretion and subject to court review.
6. Payment and Terms of Payment
Image Users pay COPYTRACK the license fee or settlement amount stated in invoices. Payment is due within 14 days via SEPA or international transfers to specified bank accounts. Online payment options are available; invoices follow payment receipt.
7. Right of Withdrawal
For consumers (as defined by Section 13 BGB), a 14-day withdrawal right applies from possession date. Withdrawal requires clear written notice to: RD Legal GmbH Saarbrücker Str. 18, 10405 Berlin Email: proof@copytrack.com Phone: +49 30 809 332910 Upon withdrawal, COPYTRACK reimburses all payments within 14 days using the original payment method. If services commenced during the withdrawal period, users pay proportional amounts for services provided.
8. Liability
COPYTRACK has unlimited liability for intent, gross negligence, Product Liability Act violations, and injury to life, body, or health from slight negligence. For other cases, liability is limited to the damage foreseeable at the time of contract conclusion and typical for this type of contract when involving material contractual obligation breaches. These limitations apply to vicarious agents.
9. Final Provisions
The contract and GTC constitute the entire agreement; no oral side agreements exist. Prior contracts are superseded unless parties explicitly agree otherwise. Partial invalidity does not affect remaining provisions. German law applies, excluding UN Convention on International Sale of Goods. Consumer protection provisions of habitual residence countries remain unaffected. Merchants and legal entities designate COPYTRACK's registered office (Berlin) as exclusive jurisdiction for contract disputes.