Terms of Service

Last Updated: April 28, 2025

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the MediaToss website and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services.

2.2 Account Registration

You may need to register for an account to access certain features. You are responsible for:

  • Providing accurate information
  • Maintaining the security of your account credentials
  • All activities that occur under your account

2.3 Acceptable Use

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Attempt to gain unauthorized access to our systems
  • Use our Services for illegal or harmful purposes
  • Interfere with other users' access to the Services

3. Intellectual Property

3.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by MediaToss and protected by copyright, trademark, and other intellectual property laws.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purposes.

3.3 User Content

You retain ownership of any content you submit to our Services. By providing content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with our Services.

4. Custom AI Solutions and Products

4.1 Service Description

MediaToss provides custom AI solutions and product development services. The specific terms of these services will be governed by separate agreements.

4.2 Upcoming Products

Information about upcoming products is provided for informational purposes only and does not constitute a binding offer or commitment regarding features, functionality, or release dates.

5. Payment Terms

5.1 Fees

Fees for our Services will be as specified in the applicable order form or service agreement.

5.2 Payment

Payment terms will be specified in the applicable agreement. All payments are non-refundable unless otherwise specified or required by law.

5.3 Taxes

Fees do not include taxes. You are responsible for applicable taxes unless you provide a valid tax exemption certificate.

6. Termination

6.1 Term

These Terms remain in effect until terminated by you or MediaToss.

6.2 Termination by You

You may terminate these Terms by discontinuing use of our Services.

6.3 Termination by Us

We may terminate or suspend your access to the Services immediately if you breach these Terms or for any other reason at our discretion.

6.4 Effect of Termination

Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination shall survive.

7. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIATOSS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

9. Indemnification

You agree to indemnify and hold harmless MediaToss from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts of Berlin, Germany.

11. General Provisions

11.1 Entire Agreement

These Terms constitute the entire agreement between you and MediaToss regarding the Services.

11.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

11.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

11.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

11.5 Amendments

We may modify these Terms at any time. Continued use of the Services after any such changes constitutes your acceptance of the new Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at:

MediaToss
Email: legal@mediatoss.com