Terms of Use — DASAvisable UG

Effective date: 09/04/2025

DASAvisable UG (haftungsbeschränkt)
Email: contact@dasavis.com • Phone: +49 30 54610780 • Address: Müggelseedamm 208E, 12587 Berlin, Deutschland
Commercial register: HRB 241440B – AG Charlottenburg. Berlin

1. Scope

These Terms of Use govern access to and use of www.dasavis.com and the contracting of services by DSAvisable UG (the “Company”). By using the website or requesting services you agree to these Terms. Services are provided under the specific terms set out in individual proposals or contracts which supplement these Terms.

2. Services

The Company provides social media strategy, content creation, audiovisual production and related digital services as described on the website and in proposals. Each engagement will be confirmed in a written proposal or contract specifying scope, deliverables, timelines, milestones, fees and payment terms.

3. Proposal & Contract Formation

A contract is formed when the client accepts the Company’s written proposal by email, signature (electronic or handwritten) or other written acceptance. Proposals include essential information (scope, price, schedule). For ongoing monthly services, the contract will automatically renew monthly unless terminated in accordance with these Terms.

4. Prices, Taxes & Payment

All fees are as specified in the proposal or invoice. Unless otherwise stated, prices exclude VAT and other applicable taxes which will be charged where required by law. Payment terms are as set in the proposal (typically: invoice due within 14 days). In case of late payment the Company may charge statutory default interest and may suspend services until payment is made. The Company may require reasonable advance payments or deposits for certain projects.

5. Deadlines, Delivery & Revisions

Delivery dates stated in proposals are estimates unless expressly agreed as fixed. Timelines depend on timely receipt of client materials and approvals. Contracted rounds of revisions are specified in the proposal; additional requests beyond those included may be charged at the Company’s standard hourly rates.

6. Client Obligations

The client shall supply all information, materials, approvals and access required for performance in a timely manner. The Company is not liable for delays or additional costs caused by the client’s failure to provide required materials or approvals.

7. Intellectual Property & License

a. The Company retains copyright and ownership of pre-existing materials, methodologies, templates, draft concepts and tools used in delivering services.
b. Upon full payment, the Company grants the client a non-exclusive, worldwide, perpetual license to use the final deliverables (designs, final videos, text) for the purposes agreed in the contract.
c. Any transfer of exclusive rights, or broader assignments, must be expressly agreed in writing and may be subject to additional fees. The Company retains the right to display deliverables in its portfolio and marketing materials unless otherwise agreed.

8. Client-Provided Content & Warranties

The client warrants that it owns or is authorized to use and submit all materials and intellectual property it supplies (images, texts, third-party content) and indemnifies the Company against claims arising from third-party rights. The client grants the Company a limited license to use client materials for production and publication of the deliverables.

9. Confidentiality

Both parties shall keep confidential information received from the other confidential and shall not disclose it to third parties except to employees, contractors or advisors who need to know it and who are bound by confidentiality obligations. This clause survives termination.

10. Subcontracting

The Company may engage qualified subcontractors and freelancers to perform parts of the services. The Company remains responsible for the performance of its subcontractors and will ensure appropriate data protection and confidentiality obligations.

11. Warranties & Liability

a. The Company warrants that services will be provided with reasonable skill and care in accordance with the contract. Statutory warranty rights for defects apply.
b. To the maximum extent permitted by law, the Company’s liability for direct damages is limited to the total fees paid by the client for the specific service in the 6 months prior to the event giving rise to liability.
c. The Company is not liable for lost profits, indirect or consequential damages, or for business decisions the client makes based on the deliverables.
d. Liability for willful misconduct and gross negligence remains unaffected. Mandatory statutory liability (e.g., under the Product Liability Act) remains unaffected.

12. Termination

a. Either party may terminate a contract for material breach if the breach is not remedied within a reasonable cure period after written notice.
b. For ongoing monthly services either party may terminate with the notice period agreed in the contract (if not stated, 30 days). Termination does not relieve the client of the obligation to pay for services already rendered.

13. Force Majeure

The Company is not liable for delays or failures caused by events beyond reasonable control (e.g., strikes, pandemics, outages of third-party services). Obligations are suspended for the duration of the event.

14. Data Protection & Cookies

Processing of personal data is governed by our Privacy Policy available at /privacy. The client agrees that contact form data and other information necessary for service provision may be processed in accordance with that policy. Where the Company processes personal data as a processor, a Data Processing Agreement (DPA) will be provided.

15. Consumer Right of Withdrawal (Distance Contracts)

If the client is a consumer (i.e., not acting in the exercise of commercial or self-employed activity), EU distance-selling rules apply. Consumers generally have a right to withdraw from distance contracts within 14 days without giving reasons, subject to statutory exceptions (e.g., services begun with the consumer’s prior express consent to immediate performance). The Company will provide applicable withdrawal information in the proposal or contract.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany. For disputes between merchants or business entities, the courts at the Company’s registered office are agreed as exclusive jurisdiction. For consumer disputes, mandatory statutory protections on jurisdiction apply and consumers may bring proceedings in their place of residence.

17. Dispute Resolution / ODR

Information on online dispute resolution (ODR) is available at the EU ODR platform: https://ec.europa.eu/consumers/odr. The Company is neither obliged nor prepared to participate in dispute settlement proceedings before a consumer arbitration board.

18. Severability & Assignment

If any provision is invalid or unenforceable, this shall not affect the validity of the remaining provisions. The client may not assign rights or obligations under the contract without the Company’s prior written consent. The Company may assign claims for payment.

19. Changes

The Company may update these Terms; material changes will be communicated in advance where practicable. Current Terms are published on the website.

20. Contact

contact@dasavis.com • +49 30 54610780 • Müggelseedamm 208E, 12587 Berlin, Deutschland