General Terms and Conditions

contentmaker.space BV is registered with the Belgian Crossroads Bank for Enterprises (KBO) under number 1019179691 and has its registered office at Bampslaan 21 3.01, 3500 Hasselt, Belgium. contentmaker.space can be contacted at contact@contentmaker.space.

Article 1. General

1.1 These terms apply to all agreements in which contentmaker.space provides access to the contentmaker.space platform on a subscription basis.

1.2 The contracting party of contentmaker.space is referred to in these terms as the "Client". These terms form part of the agreement by virtue of having been made available to the Client prior to or upon the conclusion of the agreement.

1.3 The applicability of any terms used by the Client is expressly excluded, unless otherwise agreed in writing.

1.4 Deviations from these general terms are only valid where they have been agreed in writing.

Article 2. Term and renewal of the agreement

2.1 The agreement is entered into for the initial term as specified in the agreement and/or Annex A.

2.2 After the initial term, the agreement is automatically tacitly renewed for successive periods equal in length to the initial term, unless terminated in accordance with this Article.

2.3 Either Party may terminate the agreement in writing, observing a notice period of at least thirty (30) calendar days prior to the end of the current subscription period. Termination by email to contact@contentmaker.space suffices.

2.4 Early termination during a running term is not permitted, except in accordance with Article 9 (Termination).

2.5 Where contentmaker.space terminates in accordance with this Article, amounts already paid in advance shall be refunded pro rata for the period in which no further access is granted.

Article 3. The Platform and access

3.1 The subscription comprises access to the contentmaker.space platform (the "Platform"), a SaaS operating system supporting the workflow of creative production agencies from pitch to final delivery, including pre-production, on-set, post-production project management, talent and client briefing modules.

3.2 Access is granted for the number of concurrent users ("Seats") specified in the agreement and/or Annex A.

3.3 The Client and its authorised users access the Platform using credentials supplied or registered through the Platform. The Client is responsible for the confidentiality and proper use of those credentials.

3.4 contentmaker.space makes the Platform available 24/7 and uses reasonable efforts to ensure availability and performance, including occasional planned maintenance for which reasonable notice will be given where practicable. No formal Service Level Agreement applies unless expressly agreed in writing.

3.5 contentmaker.space may engage sub-processors (including infrastructure, hosting and integration providers) for the operation of the Platform. The applicable Data Processing Agreement governs the engagement of sub-processors that process personal data.

3.6 contentmaker.space may modify, update or discontinue features of the Platform from time to time. Material changes that materially reduce functionality available to the Client shall be communicated in advance.

Article 4. Payment and invoicing

4.1 The subscription fee shall be paid in advance for the agreed billing period, by bank transfer or another agreed payment method, in accordance with the agreement and Annex A.

4.2 If payment is not received, contentmaker.space has the right to suspend access to the Platform until payment is received in full. Furthermore, in the event of late payment, the Client shall, by operation of law and without notice of default, owe interest for late payment in accordance with the Belgian Act on the Combating of Late Payment in Commercial Transactions. In addition, reasonable collection costs may be charged in accordance with the statutory provisions.

4.3 The subscription fee is payable regardless of the actual use of the Platform within the relevant period.

Article 5. Warranty

5.1 contentmaker.space provides the Platform to the best of its insight and ability.

5.2 contentmaker.space has the right to have the agreed services (partially) performed by third parties, including infrastructure providers.

5.3 In performing the agreement, contentmaker.space is subject solely to a best-efforts obligation and expressly not to an obligation of result. Features marked "beta" or made available as part of a pilot programme are provided "as is".

Article 6. Acceptable use

6.1 The Client agrees to use the Platform only for its intended business purpose and in compliance with applicable laws.

6.2 The Client shall not, and shall ensure its authorised users do not:

• (a) share access credentials with parties outside the agreed Seat count;
• (b) attempt to circumvent the Platform's security or access controls;
• (c) reverse-engineer, decompile or otherwise attempt to extract the source code of the Platform;
• (d) use automated tools to scrape, collect or access data without contentmaker.space's prior written permission;
• (e) upload content that infringes any third-party rights, including intellectual property and personality rights;
• (f) upload content that is unlawful, harmful or otherwise inappropriate;
• (g) interfere with the security or functionality of the Platform.

6.3 contentmaker.space reserves the right to suspend access in the event of a material breach of this Article, pending investigation and resolution.

Article 7. Intellectual property and Customer Data

7.1 All intellectual property rights in the Platform, including source code, design, architecture, documentation and derivative elements, remain the exclusive property of contentmaker.space.

7.2 The Client retains all rights in content and data uploaded by or on its behalf to the Platform ("Customer Data"). The Client grants contentmaker.space a non-exclusive, royalty-free licence to host, transmit, process and otherwise use Customer Data solely as required to provide and improve the Platform.

7.3 Feedback, suggestions and ideas submitted by the Client may be used by contentmaker.space without restriction and without compensation to improve the Platform.

Article 8. Liability

8.1 contentmaker.space provides the Platform to the best of its insight and ability and in accordance with customary professional standards. The Client is and remains at all times ultimately responsible for its use of the Platform and the accuracy and lawfulness of Customer Data.

8.2 contentmaker.space is not liable for damage arising from the Client's use of the Platform or Customer Data, nor for any errors that, after the relevant action or upload, have not been reported or remediated by the Client.

8.3 contentmaker.space is exclusively liable for direct damage that is the direct result of a demonstrable and attributable error in the performance of the agreement, and then only up to a maximum of the amount paid by the Client to contentmaker.space in the six (6) months preceding the event giving rise to the claim.

8.4 contentmaker.space is not liable for indirect damage, consequential damage, loss of profit, missed savings, reputational damage or loss of data, regardless of the cause.

8.5 Nor is contentmaker.space liable for damage arising from suspension, delay, modification or termination of the agreement as a result of circumstances beyond its control, including infrastructure provider incidents, technical malfunctions or force majeure situations.

8.6 All claims by the Client shall lapse if they are not notified to contentmaker.space in writing and with reasons within six (6) months of the event giving rise to the claim.

8.7 Temporary capacity limitations or service degradations during the pilot phase shall not be considered an attributable failure, provided that contentmaker.space informs the Client in a timely manner and makes reasonable efforts to restore the Platform.

8.8 Nothing in this Article limits or excludes liability that may not be limited or excluded under applicable mandatory law, including Article 82 of the GDPR.

Article 9. Termination

9.1 The Client has the right to terminate the agreement where contentmaker.space attributably fails to perform its obligations, unless such failure, given its particular nature or limited significance, does not justify termination.

9.2 Where performance of the obligations by contentmaker.space is not permanently or temporarily impossible, termination may only take place after contentmaker.space has been placed in default and given a reasonable period to remedy the failure.

9.3 contentmaker.space has the right to terminate the agreement with the Client if the Client fails to perform its obligations under the agreement in full or in a timely manner, or if contentmaker.space has become aware of circumstances giving it good grounds to fear that the Client will not be able to perform its obligations properly.

9.4 In the event of force majeure or circumstances beyond contentmaker.space's control — such as infrastructure provider failures, technical malfunctions, fire, government measures, strikes, natural disasters, large-scale cyber incidents or other unforeseen events — contentmaker.space has the right to suspend performance of the agreement or, where performance is no longer reasonably possible, to terminate the agreement in whole or in part, without thereby incurring any liability for damages.

9.5 contentmaker.space reserves the right to terminate the agreement with a notice period of thirty (30) days, if:

• a) the Platform or material features thereof are structurally modified or discontinued;
• b) there is insufficient internal capacity to properly continue the agreement; or
• c) continuation of the agreement can no longer reasonably or equitably be required of contentmaker.space.

In these cases, the Client is entitled to a refund of amounts already paid in advance for the period in which no further access is granted.

9.6 contentmaker.space is in no event liable for any indirect or consequential damage arising from suspension or termination of the agreement on the basis of this Article.

9.7 Upon termination, Customer Data shall be made available for export and subsequently deleted in accordance with the Data Processing Agreement.

Article 10. Complaints

10.1 Complaints about the Platform or services performed must be reported in writing to contentmaker.space within thirty (30) calendar days of discovery.

Article 11. Amendments

11.1 If, after the conclusion of the agreement, it appears that an amendment or addition is necessary for its performance, the parties shall amend the agreement in a timely manner and by mutual agreement.

11.2 contentmaker.space is entitled to amend or supplement these General Terms and Conditions. Material content changes shall be communicated to the Client in advance, and the Client shall have a reasonable opportunity to terminate the agreement before such changes take effect if it does not accept them.

Article 12. Final provisions

12.1 If one or more provisions of these General Terms and Conditions prove to be null and void or voidable, this shall not affect the validity of the remaining provisions. The parties shall in that case consult to establish a replacement provision that corresponds as closely as possible to the original intent.

12.2 contentmaker.space reserves the right to terminate, temporarily suspend or modify its services in whole or in part, provided that the Client is notified thereof in a timely manner and in writing. In the event of termination, the Client is entitled to a refund of amounts paid in advance for the period in which no further access is granted.

12.3 Each agreement between the parties is governed exclusively by Belgian law.

12.4 Disputes shall preferably be resolved amicably. If this proves impossible, disputes shall be submitted to the competent courts of the Antwerp judicial arrondissement, Hasselt division.

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