Terms and Conditions
General Terms and Conditions of Use
Last updated: 20 April 2026
1. Scope
1.1 These General Terms and Conditions of Use (hereinafter “GTC”) of Hoever & Kirchhartz – Groupies GbR, Auf dem Rott 13, 50259 Pulheim, Germany (hereinafter “Provider”) apply to the provision of the Groupies software as a SaaS solution, which a consumer (hereinafter “Customer”) concludes with the Provider regarding the services presented by the Provider on its website. The Provider and the Customer may also be referred to jointly as “the Parties.” The inclusion of the Customer’s own terms and conditions is hereby objected to.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.
1.3 These GTC serve to define the respective rights and obligations in connection with the use of the Groupies software.
2. Scope of Services of the Groupies Software
2.1 The Groupies software enables the Customer to collect their own videos and videos from third parties, edit and personalize recorded and provided videos, and merge them into a coherent film, for example as a gift. For personalization, the Customer may, for example, add their own texts or music to the film.
2.2 Access to the Groupies software takes place exclusively online via www.getgroupies.app and www.getgroupies.io.
2.3 Due to necessary maintenance work and improvements, the Groupies software or individual functions may be temporarily unavailable. The Provider will take the legitimate interests of the Customer into account by informing the Customer in good time before carrying out such work and by performing maintenance at a time when the Groupies software is not usually in use. In the case of unforeseen necessary maintenance work, timely notice may no longer be possible.
2.4 The Provider reserves the right, after conclusion of the contract, to make further developments and changes to the services (e.g. through the use of newer or different technologies, systems, procedures, or standards). In the event of material changes to the services, the Provider will inform the Customer in good time before the change.
3. Advisory Services of the Provider
3.1 Some packages also include personal support for the Customer in creating a film.
3.2 Insofar as the Customer’s package includes personal support, the Provider will assist the Customer in the professional creation of their film. In particular, the Provider will support the Customer in arranging and trimming the videos uploaded by all participants as well as in creating text cards and selecting music.
4. Conclusion of the Contract
4.1 The contract is concluded by the creation of an account at www.getgroupies.io. By creating an account, the Customer agrees to the validity of the version of the GTC in force at the time the account is created.
4.2 The Customer may terminate the contract at any time by written declaration to the Provider. Termination of the contract must be sent electronically to info@getgroupies.app.
4.3 Each of the contracting parties may terminate this contract at any time for good cause. Good cause for the Provider exists in particular if
- (i) the Customer culpably violates the Provider’s GTC while using the Groupies software;
- (ii) the Customer misuses the Groupies software or uses it for other impermissible purposes.
4.4 The GTC may only be accepted fully and unconditionally. A conditional acceptance shall be deemed invalid.
4.5 The Customer is responsible for complying with the contractual obligations and is liable to the Provider in this respect. The Customer undertakes to cooperate actively with the Provider and in particular with its employees in order to ensure the proper performance of the contract.
5. Use of the Services
5.1 The Customer creates a customer account online at www.getgroupies.io by providing an email address and a password. Using the email address and password, the Customer can log in and use the Groupies software. The Customer must keep the password secret and protect it by suitable, effective measures. The creation of the customer account is free of charge for the Customer. The Customer is obliged to inform the Provider without undue delay if there is a suspicion that the access data may have become known to unauthorized persons. The Provider is not responsible for any misuse of the access data.
5.2 The Customer is responsible for creating the necessary technical prerequisites for using the Groupies software. Access to the Groupies software is only possible with a current Chrome, Firefox, or Safari browser.
5.3 The Customer and users invited to participate are obliged to check their own content for viruses or other malware before uploading it to the Groupies software and to use virus protection programs corresponding to the state of the art.
5.4 The Customer is responsible for completing and downloading their finished film with sufficient lead time, but at least 5 days before the date on which it is to be shown and/or given as a gift. The Customer is also responsible for checking the finished and downloaded film for flawless quality (picture and sound).
5.5 The Customer is responsible for downloading the finished film within the deadlines specified by the Provider following the relevant notification. The Provider reserves the right to permanently delete the finished film after the specified deadline, regardless of whether it has been downloaded by the Customer in time or not.
5.6 The Customer must inform the Provider without undue delay if outages, malfunctions, or other impairments of the Groupies software occur. If the Customer fails to provide this notice, Section 536c of the German Civil Code (BGB) shall apply accordingly.
5.7 The Customer shall indemnify the Provider without undue delay against all costs, claims, and disadvantages asserted by third parties against the Provider as a result of a breach by the Customer of these GTC and/or the usage policy. In addition, the Customer is obliged to reimburse the Provider for all costs incurred as a result of the legal infringement, in particular costs of reasonable legal defense, including any court and attorney fees. This does not apply if and to the extent that the Customer proves that they are not responsible for the breach.
6. Rights of Use in the Groupies Software
6.1 The Customer is entitled to use the Groupies software worldwide as made available by the Provider.
6.2 The Groupies software is granted as a simple, non-exclusive right of use for exclusive use by the Customer. The Groupies software may only be used by the Customer. The Customer is not permitted to rent, lend, or otherwise make the Groupies software available to other third parties for their own purposes. In particular, the Customer is not permitted to act as a service provider to third parties by means of the SaaS offering.
6.3 The Customer is not permitted to make any changes to the Groupies software or to decompile, disassemble, reverse engineer, or otherwise influence the program logic. In particular, the Customer is not permitted to alter the program code of the Groupies software or parts thereof and/or to determine the source code in any other way, or to create derivative works of the Groupies software. This does not apply in cases mandatorily provided for by law pursuant to Sections 69d, 69e of the German Copyright Act (UrhG). The prohibition on making changes to the software therefore does not apply to changes that are necessary to correct errors, provided that the Provider is in default with rectifying the error, refuses to rectify the error, or is unable to do so due to the opening of insolvency proceedings.
7. Videos and Content
7.1 The Provider has no influence over the content created by the Customer in the respective films. The Provider merely provides tools for creating films.
7.2 After downloading the films, all rights to the created films belong solely to the Customer.
7.3 The Customer guarantees that they only use content that they are entitled to use. This also includes music and similar additional content provided and used by the Customer. Any necessary authorizations and consents must be obtained by the Customer prior to use.
7.4 If the Customer engages their own actors or artists for films created via the Groupies software, the Customer shall pay the resulting fees and contributions to the Künstlersozialkasse (artists’ social security fund).
7.5 The Customer is prohibited from recording, editing, or otherwise creating unlawful content with the Groupies software. The Provider prohibits the creation of the following content in particular:
- content of a defamatory or insulting nature, including content that is suitable for harassing or excluding people;
- content of a pornographic or child-pornographic nature;
- content that glorifies suicide or promotes suicidal thoughts;
- content that glorifies or incites terrorist acts;
- content that violates the personal rights or privacy of other persons;
- content that is inhumane, racist, or discriminatory.
7.6 The Customer is prohibited from using the Groupies software for purposes other than those advertised at www.getgroupies.io, for example for the permanent storage of videos without the intention of creating a gift film.
7.7 The Provider reserves the right to assess inadmissible content at its own discretion. If the Provider determines or otherwise becomes aware that the Customer is creating illegal or unlawful content via their account or is otherwise using the Groupies software in an unlawful manner, as described in the GTC, or without authorization, the Provider is entitled to block the Customer’s account.
7.8 The Customer has the option of adding music from a third-party provider to the films. Insofar as content is provided to the Customer by the Provider, the Customer may only include this content in the created film via the Groupies software. Separate use of this content on other platforms, in other software, or otherwise outside the Groupies software is not permitted.
8. Consequences of Breach of Contract
8.1 If the Customer violates the provisions of these GTC or of the contract or breaches applicable laws and regulations, the Provider is entitled, after prior notification of the Customer, to block the Customer’s access to the Groupies software if the violation is thereby stopped. The block must be lifted as soon as the reason for the block no longer exists. If the Customer continues or repeatedly violates the provisions of these GTC despite a prior warning from the Provider, the Provider may extraordinarily terminate the contractual relationship without observing a notice period, unless the Customer is not responsible for these violations. The Provider’s right to assert claims for damages remains unaffected.
8.2 The Provider is entitled to block the customer account immediately if there is a justified suspicion that the Customer’s content used in the Groupies software is unlawful and/or infringes the rights of third parties. A justified suspicion of unlawfulness and/or infringement of the rights of third parties exists in particular if courts, authorities, and/or other third parties notify the Provider accordingly. In this case, the Provider will notify the Customer of the block and the reason for it. The block must be lifted as soon as the suspicion is refuted.
8.3 A blocking and/or deletion of the customer account due to the aforementioned breaches may take place during the contract period, without the Customer being entitled to a refund in such case.
9. Fees
9.1 The Customer is obliged to pay the fee for the Groupies software agreed at the start of the contract. The amount of the fee is stated in the order.
9.2 Unless otherwise stated in the order, the Customer pays the respective fee to the Provider only immediately before downloading the film.
9.3 At the start of the contract, the Customer must select at least one payment method and provide the Provider with the necessary payment information.
10. Data Protection
10.1 When using the Groupies software and creating films, personal data is also processed, in particular data of the persons depicted (customer data). This “Data Protection” section relates exclusively to the processing of such personal data.
10.2 The Parties shall comply with the data protection provisions applicable to them, in particular those of the GDPR and the BDSG (German Federal Data Protection Act).
10.3 The Customer is the controller for the processing of the customer data. The Customer undertakes to ensure that they have sufficient permission (in particular the necessary consents of the data subjects) to process the personal data. The Customer also ensures that the data subjects are informed about the data processing in accordance with the GDPR and is responsible for fulfilling the rights of the data subjects.
10.4 The Provider processes the Customer’s data in connection with the use of the Groupies software only in accordance with the Customer’s instructions and on behalf of the Customer.
11. Warranty
11.1 The Provider grants the Customer access to the Groupies software. The Provider does not guarantee the secure, uninterrupted, and error-free operation of the Customer or the suitability of the Customer’s systems for the presentation of the Groupies software. In the event of defects, the Provider will take the necessary measures to remedy the defects within a reasonable period.
11.2 The Provider is released from its obligation to perform if any of the following circumstances prevent the Provider from performing its services: acts of war, lawful industrial action, hostilities or acts of sabotage, force majeure, power, internet, or telecommunications failures not caused by the Provider, regulatory requirements, pandemics, or other events which, by reasonable assessment, are beyond the Provider’s control, even if these circumstances occur at a subcontractor. The Provider will inform the Customer without undue delay about the occurrence of such circumstances and will take reasonable measures to mitigate the impact on the Customer.
12. Confidentiality
12.1 The Parties undertake to treat as confidential all confidential information that becomes known to them in the course of using and providing the Groupies software, and to use it only for the purposes contractually agreed. The Parties are obliged to take appropriate technical and organizational measures to keep the confidential information secret and to protect it from unauthorized disclosure.
12.2 The confidentiality obligation does not apply to the extent that confidential information must be disclosed to comply with mandatory statutory provisions and/or binding decisions of courts or government administrative authorities, and/or to the extent that obtaining, using, or disclosing the confidential information is permissible under Sections 3 or 5 of the German Trade Secrets Act (GeschGehG).
12.3 If a Party is obliged to make confidential information of the other Party available to a public body in the aforementioned sense, the other Party must be informed without undue delay and, if possible, before the information is disclosed to the public body.
12.4 No reverse engineering may be carried out with the confidential information, i.e. it is not permitted to carry out analyses or obtain information through observation, investigation, deconstruction, or testing. The right to observe, investigate, reverse engineer, or test a product or object made publicly available (cf. Section 3(1)(2)(a) GeschGehG) remains unaffected.
12.5 The rights and obligations of this “Confidentiality” section are not affected by termination of this contract. Both Parties are obliged to destroy confidential information of the other Party upon termination of this contract, unless it has been properly used or must be retained by law.
13. Liability
13.1 The Provider is only liable without limitation for gross negligence of its legal representatives and/or executive employees and/or for intent. The Provider is liable for gross negligence of other vicarious agents only to the extent and in accordance with the liability for simple negligence.
13.2 The strict, no-fault liability of the Provider under Section 536a BGB for defects existing at the time the contract was concluded is excluded.
13.3 Liability for damages resulting from injury to life, body, or health, under the German Product Liability Act, due to the lack of warranted or guaranteed characteristics, and/or due to guarantees within the meaning of Section 443 BGB or Section 639 BGB remains unaffected by the above provisions.
14. Amendments to these Terms of Use
14.1 The Provider may update and amend these terms of use for customers in whole or in part. If the Provider updates or amends these terms of use for customers, the updated terms of use for customers will be published at www.getgroupies.io/agb.
15. Assumption of Tasks by Third Parties
15.1 Neither Party is entitled to transfer the rights or obligations under this contract to a third party without the written consent of the other Party. The Provider may also transfer the provision of services, without the Customer’s consent, to companies affiliated with the Provider within the meaning of Section 15 of the German Stock Corporation Act (AktG).
15.2 However, the Provider may use subcontractors to provide the service. Insofar as this concerns the processing of personal data, the “Data Protection” section of these terms of use applies.
16. Severability Clause
16.1 If a clause of these GTC or an order is or becomes invalid under applicable law, the invalid provision shall be replaced by a valid, enforceable provision whose intent comes closest to the original provision from an economic perspective. The remaining provisions of this contract shall remain in force.
17. Final Provisions
17.1 This contract is subject to the law of the Federal Republic of Germany, with the exception of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980.
17.2 The place of jurisdiction for all disputes in connection with the performance and interpretation of the contract is Cologne, Germany.
17.3 If this contract is concluded in English, only the German version shall be authoritative.
17.4 In the event of a conflict between the terms of use for customers and a specific order, the terms of the order shall prevail.
17.5 The Customer is not entitled to set off, unless their claim is undisputed or has been legally established.