Platform Terms of Use for Photographers

These Terms and Conditions govern the general terms for the registration and use of CONTRIMA accounts, as well as the use of CONTRIMA’s services by photographers. These Terms and Conditions apply to users with trial access, Personal Accounts, and Professional Accounts, subject to the respective applicable account terms.

TranslationOriginal text (English (UK))

Version 3 · Jul 26, 2026

Platform Terms of Use for Photographers

between

Contrima GmbH, represented by its Managing Director Mark Reinhardt, Enzianweg 29, 71384 Weinstadt

(hereinafter “CONTRIMA”)

and

{photographer_name}

{photographer_address}

{photographer_email}

(hereinafter “You”)

Introduction/Package Description

These Terms and Conditions govern the general terms for the registration and use of CONTRIMA accounts as well as the use of CONTRIMA’s services by photographers. These Terms and Conditions apply to users with trial access, Personal Accounts, and Professional Accounts, including the respective applicable account terms.

Please note that you must also enter into a contract with us regarding the processing of order data.

1. The CONTRIMA Platform

1.1 CONTRIMA connects street photography artists with people from over 200 countries and in over 30 languages, whom they have captured with their cameras in everyday situations for a fleeting moment. CONTRIMA provides the infrastructure for agreements between photographers and the people depicted: from the initial contact to the opportunity to present their own images in a photographer’s personal gallery, which CONTRIMA members can view and which can be used as a starting point for inspiration or exchange. CONTRIMA thus provides a technical platform for the organization, provision, documentation, licensing, and presentation of photographic content.

1.2 Choose the plan that’s right for you: If you simply want to share your passion for street photography with like-minded people and the subjects of your photos, the Personal Account is the perfect choice. Professional photographers—or those who aspire to become one—also gain the additional opportunity through the Professional Account to sell their photographs.

1.3 Please note: CONTRIMA is an intermediary and infrastructure service provider, but is not a contracting party to any license agreements you enter into with the subjects of your photographs. This means that CONTRIMA is not a party to any image license agreements. CONTRIMA also does not provide legal services and, in particular, does not conduct legal case-by-case reviews or approve agreements. If CONTRIMA provides contract templates, it is your responsibility to ensure that these templates have been reviewed for the specific case in question and can be legally and effectively concluded. 1.4 Please note: The personal data that CONTRIMA receives from you or processes on behalf of individuals depicted as part of the platform processes you initiate, CONTRIMA processes in accordance with your instructions.

1.4 Please note: CONTRIMA processes the personal data it receives from you or, in the context of platform processes initiated by you, regarding persons depicted in images, on your behalf. For this purpose, you shall conclude a data processing agreement with CONTRIMA. This also means that you must ensure that you obtain the necessary rights to the personal data (in particular the photographs) of the individuals depicted. If CONTRIMA provides a template for a privacy notice (see §§ 5.1.2 and 8.2 for further details), it is your responsibility to ensure that this template has been reviewed for the respective individual case. 1.5 The operator and provider of the platform is Contrima GmbH, represented by its

1.5 The operator and provider of the platform is Contrima GmbH, represented by its Managing Director, Mr. Mark Reinhardt. CONTRIMA is a registered trademark of Mark Reinhardt; Contrima GmbH uses the trademark with his consent.

2. Use of CONTRIMA

You are only authorized to use CONTRIMA if you comply with these Terms and Conditions, the Data Processing Agreement to be concluded in parallel Data Processing Agreement, our Privacy Policy (Privacy Policy), and all relevant local laws.

3. User Account / Registration

3.1 Use of CONTRIMA as a photographer requires prior registration. Only natural persons of legal age who have reached the age of {photographer_age_of_majority} and have full legal capacity are eligible to register .

3.2 After completing the registration form, you will receive a confirmation link via the specified email address. The User Agreement is not concluded until this confirmation process has been successfully completed.

3.3 When creating your CONTRIMA account, you are required to provide truthful information. You You are responsible for ensuring that the information you provide (including the address, billing, and payment details required to complete a subscription) is accurate and up-to-date.

3.4 You are required to keep your login credentials (especially your password) confidential and to protect them from access by third parties. You must ensure that no unauthorized persons log into your account using your login credentials.

3.5 CONTRIMA reserves the right to suspend, restrict, or permanently delete user accounts or individual features in the following cases: Violations of these Terms and Conditions;

Violations of these Terms and Conditions;
reasonable suspicion of misuse;
false information provided during registration or subsequent failure to meet the registration requirements;
relevant legal or regulatory obligations;
serious violations of applicable law, in particular violations of third-party rights (especially copyrights and personality rights).

3.6 In the event of serious violations—particularly those that infringe upon the rights of third parties (e.g., copyrights, the right to one’s own image) or are subject to criminal prosecution — CONTRIMA is entitled to suspend or delete your account without prior notice and with immediate effect. In all other cases, you will be notified via email of any intended suspension or deletion and will be given the opportunity to respond.

3.7 In the event that your user account is deleted, your uploaded content will be irrevocably deleted after the expiration of a 30-day period, provided that no statutory retention obligations preclude this. License agreements already concluded with the individuals depicted remain unaffected by this.

3.8 If we have previously deactivated one of your accounts due to a violation of the present Terms and Conditions or for legal reasons, you are not authorized to create a new CONTRIMA account unless we grant you express written permission to do so.

4. Account Models

To use the platform’s services, you can sign up for one of the following subscriptions or a trial account:

4.1 Personal Account: The Personal Account provides basic access to the platform for a monthly fee of {personal_price} (including applicable sales tax). The charge is always processed at the beginning of the billing period. The features of the Personal Account are listed in § 5.1.5.

4.2 Professional Account: The Professional Account provides access to the full range of platform features for a monthly fee of {professional_price} (including applicable sales tax). The charge is always processed at the beginning of the billing period. The features of the Professional Account can be found in Section 5.1.5.

4.3 Trial Account: CONTRIMA offers a trial account valid for 10 days from activation. This grants access to the full range of CONTRIMA’s services, with the exception that selling images is not possible. No payment information needs to be provided to use the trial account. After the trial period expires, the trial account is switched to read-only mode; the active features of the platform will then no longer be available to you. Your account will remain active for a total of three (3) months from the date of activation, so that people already featured in photos can still download their photos during this period. During this period, you can at any time use the account management section (My Account) to purchase a paid subscription and thereby retain your account permanently. After the three (3) months have expired, your account , along with your uploaded content and other data stored on the platform, will be deleted, provided that no statutory retention requirements prevent this. Any license agreements already concluded with individuals depicted in the photos remain unaffected by this.

4.4 You may switch between the Personal Account and the Professional Account at any time via Account Management. A switch will take effect at the start of the next billing period.

4.5 Platform Usage License: Upon successful conclusion of this Agreement, you receive a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access our Service or to use our service in accordance with these Terms and Conditions.

5. Scope of Services

5.1 Platform Services: Sharing Photo Collections with People Pictured

5.1.1 Taking the Photos

Before you take the first photos of your subject, you must always have approached the individuals and asked for their consent to take photographs of them. If you take photos without the consent of the subjects, this may result in violations of the subjects’ personal rights and data protection laws.

!!! This applies all the more in sensitive situations: Never take photos of minors, of fully or partially unclothed people (such as on the beach), or of people in intimate situations or exceptional circumstances (such as scenes of an argument) unless you have explicitly asked for permission beforehand and been granted permission to take the photo.

5.1.2 Providing the CONTRIMA QR Codes for Scanning

Immediately before or after taking the photo as agreed with the people depicted, you can present them with the QR code you previously generated via CONTRIMA for scanning. The QR code is generated per photo session, not per person depicted; each person who scans it thereby receives their own individual permanent link. The collection is created as soon as you scan a paper or DTP QR card you have created, configure a digital individual card, or a person in the photo scans the QR code for the first time.

The following applies specifically to the creation of the QR code:

License Model: The license model is defined by the QR code (see section 5.1.5 for more details).
Target country (optional): Country of residence of the person depicted. This information is not required and can be set or changed later at any time by the person depicted via their permanent link.
Target language (optional): The language of the person depicted. This information is not required and can be set or changed by any person depicted at any time later via their permanent link.
Number of people pictured (adults and minors): This information is not required and can also be configured later within the collection.

You should always scan this QR code yourself using the camera you’re using, to ensure that the photo collection and the people pictured can be correctly matched later via the 8-digit photographer code. When scanned, the person pictured is directed to a CONTRIMA page. Here, the person pictured can request access to the preview images—which will be available later and include a watermark—with a single click by simply entering their email address. Entering the email address creates a personal permanent link for the person in the photo, which can be accessed again and again at any time. At this point, your privacy policy is clearly displayed as a hyperlink and immediately made available to the person in the photo. CONTRIMA provides a template for comprehensive privacy notices as the default setting. Alternatively, you can also upload your own privacy notice via a link in your account.

Template: To the extent that we provide a template for photographer privacy notices, CONTRIMA cannot assume any liability for the accuracy, completeness, or timeliness of the provided template. The information is of a general nature and does not constitute legal advice in a specific case. It is therefore your responsibility to have the template reviewed by a legal professional before using it. 5.1.3 Creating New Collections

5.1.3 Creating New Collections

Once you have confirmed that the individuals depicted have approved the image preview via CONTRIMA (GATE 1), you can edit the collection created as a result via your CONTRIMA user account. To do this, let CONTRIMA guide you through the “Edit Collection” workflow. You upload the new collection to CONTRIMA’s servers.

Upload the new collection to CONTRIMA’s servers.
You then create person profiles for each collection for the recognizable individuals depicted (for example: “Person in a green T-shirt”). Note that it is sufficient for the person to be identifiable. Even without a visible face (front or side view), a person can be identifiable based on other characteristics (e.g., distinctive tattoos, characteristic clothing in combination with location/time or context (residence, workplace)). When configuring the session, you specify the number of people depicted and select in advance for each person whether they are a baby, a child, a teenager (in the EU: over 14 years old), or an adult; optionally, you can provide a note regarding identifying features. You can also add to or change this information even before the collection is released. The people depicted assign themselves during the claiming process (GATE 2). For minors, depending on the situation, legal guardians are contacted or included in the process via an invitation link.
Next, click “Publish Collection.” All people depicted will receive an email informing them that they can now view a preview version of the collection (lower resolution, with a watermark) via an access link also included in the email. At this point, the collection is visible only to you and those individuals depicted who have requested a preview and have now received the access link to this collection.

Please note: You are solely responsible for ensuring that collections, people depicted, claims, contract templates, and other assignments are created, assigned, and used in a factually correct manner.

5.1.4 Claiming and Contract Conclusion (GATE 2)

The people depicted can now view the collection in the preview version. In doing so, the images are displayed to them in reduced resolution and with a CONTRIMA watermark. They will also receive the terms of the license model you have preselected (see § 5.1.5). If they like the preview and wish to obtain the rights to the images , they assign themselves to one of the profiles you have created (for example: “the person in the green T-shirt is me”). They then review the license text and can conclude the license agreement .

Once all individuals have agreed to the licensing model and concluded the agreement (the status of the required responses can be viewed in your user profile), the agreements take effect. All individuals will then receive their photographs via the CONTRIMA platform.

!!! Minors: As part of the claiming process, you’ll also be asked whether the person depicted is a minor and whether they are over 14 years of age. If a person depicted has not yet reached the age of 18, all legal guardians must agree to the license terms on behalf of the minor. This is necessary not only due to contractual requirements but also due to data protection regulations. Either the minor themselves or the legal guardians also depicted in the image must then provide the email addresses of all legal guardians. The license terms are then sent via email to these legal guardians. The minor themselves, provided they are over 14 years of age, also submits a shortened declaration of consent. In addition, the minor, provided they are over 14 years old, submits an abbreviated declaration of consent.

5.1.5 The License Agreement Between You and the Depicted Persons / License Packages

Each person who enters into the license agreement receives from you (subject to the condition precedent that all other persons depicted also enter into the license agreement) the high-resolution digital copies of the collection as well as the rights to use the photographs within the scope of the respective package. In addition, the person depicted grants the other persons depicted and, if applicable, you as the photographer, the consent and rights to use the photographs within the scope of the respective package.

Note: Upon entering into the license agreement, the individuals depicted provide only their email addresses. Real names and addresses, however, are not requested. This also means that it is not possible to reliably identify the individual (it cannot not be guaranteed that the email address actually belongs to the person who makes the declaration). This can lead to difficulties if you wish to enforce concluded contracts (possibly through the courts) or take action against the person depicted in the event of legal violations person. Lawsuits or preliminary injunctions must be served at a address suitable for service of process. Enforcement is also only possible against an identifiable person.

There are three license packages/license models available to you, depending on your subscription:

Personal and Professional: Private Use Gift Package (with optional portfolio/social media additional release, see § 5.1.6): In this package, the person depicted may use the images extensively for private purposes. Use for commercial purposes is prohibited.
Personal and Professional: Rights Exchange Package: In this package as well, the person depicted may use the images extensively for private purposes. In return, they grant you the right to use the collection commercially. The scope of permitted commercial uses of the photographs is specified in the respective license texts. Please note: If minors are depicted, only a limited grant of rights applies to the extent of the portfolio/social media supplementary release (see § 5.1.6), with the additional authorization to sell prints of the photographs. If no agreement can be reached with all parties involved regarding the Rights Exchange package, the entire collection can be uniformly switched to the Private Use Purchase package (provided you have a Professional Account).
Professional subscription only: “Purchase for Private Use” package (with optional Portfolio/Social Media Additional Release, see Section 5.1.6): In this package as well, the person depicted may use the images extensively for private purposes. Use for commercial purposes is prohibited. However, the person depicted is obligated to pay a fee determined by you in advance.

Further information on the scope of the rights granted can be found in the respective license texts.

The License Texts: The standard contract texts are sample texts for the various licensing models and have been prepared with the utmost care. However, CONTRIMA cannot assume any liability for the accuracy, completeness, and timeliness of the provided template. The information is of a general nature and does not constitute legal advice in individual cases. It is therefore your responsibility to ensure that this template has been legally reviewed.

5.1.6 Additional Portfolio/Social Media Release

In the case of the “Gift Package” and “Purchase Package,” the person depicted may voluntarily and optionally grant you a revocable additional portfolio/social media release. In this case, you may use the photographs covered by the contract for the purpose of incorporating them into your own commercial social media channel, your own portfolio website, in your own exhibitions and presentations, as well as for their promotion and in your own CONTRIMA profile (also: Showcase), as well as—subject to the additional conditions of Section 5.1.7—in the CONTRIMA Gallery.

Please note: Only if all persons appearing in a photograph have equally granted the additional release may you use it in accordance with the provisions of the additional release. It is your sole responsibility to verify that you have the necessary rights; CONTRIMA assumes no liability for this, subject to § 9 of this Agreement.

5.1.7 Adding Images to Your Showcase and the CONTRIMA Gallery

You can use your account to upload selected images to your own CONTRIMA Showcase on your profile with a single click. In addition, CONTRIMA curates a public CONTRIMA gallery (see Gallery), which contains selected images by photographers from all over the world. The inclusion of your photographs in the public CONTRIMA gallery is only possible with your separate consent. During the onboarding process or at any time in your profile under “Settings,” you can Inclusion of your photographs in the public CONTRIMA gallery is only possible with your separate consent. During the onboarding process or at any time in your profile under Settings, you can option to allow the showcase images you’ve shared to also appear in the public CONTRIMA Gallery. The inclusion of a photograph in the CONTRIMA Gallery also requires that:

(i) You hold a valid license for the collection in question,

(ii) you have integrated the photograph into your Showcase and shared it for the CONTRIMA gallery, and

(iii) the necessary consent has been obtained for the persons depicted: for the "Donation for Private Use" and "Sale for Private Use," the voluntary portfolio/social media additional release (see 5.1.6); for the "Rights Exchange" package, the grant of rights contained in the license agreement.

6. License: Grant of Rights to CONTRIMA

6.1 Photographs in Your CONTRIMA Profile (Personal Showcase)

6.1.1 For the duration that a photograph is included in your CONTRIMA profile (showcase), you grant you grant CONTRIMA a non-exclusive, worldwide, royalty-free copyright license to use the photographs to the extent necessary for their inclusion in your CONTRIMA profile (showcase). This includes, in particular, the storage, reproduction, presentation, scaling, and creation of previews (thumbnails) of the photographs. . This includes, in particular, the storage, reproduction, display, resizing, and creation of previews (thumbnails) of the photographs. In terms of content, this grant of rights specifically includes the following non-exclusive rights:

the right to reproduce and distribute;
the right to publish, exhibit, present, perform, and screen;
the right to publicly communicate the photographs, in particular to display them, make them available to the public, broadcast them (including retransmission), reproduce them via image, sound, or multimedia media, as well as reproduce them via radio broadcasts, public access, or in any other manner;
the right to use the photographs in ways not known at the time the contract was concluded;
the right to edit the photographs while preserving their intellectual character, including through the use of AI technologies;
the right to combine the photographs with other works and to integrate them into collections and online formats.

6.1.2 The photographs may be edited; however, the appearance, context, placement, and appearance of all persons depicted may not be altered. 6.1.2

6.1.3 Use of the photographs by CONTRIMA, in particular for marketing purposes in outdoor advertising, is not covered by this grant of rights.

6.1.4 By uploading the photographs, you represent to CONTRIMA that you are the owner of all rights to the photographs required for the grant of rights under the Copyright Act, and that no third-party rights (copyrights, personality rights). You indemnify CONTRIMA against all claims by third parties asserted arising from or in connection with the exercise of the rights granted under 6.1 .

6.1.5 The photographs that you upload to your profile or showcase will always be accompanied by a copyright attribution (in the form of your username).

6.2 Inclusion of Your Photographs in the CONTRIMA Gallery

6.2.1 For the duration of your consent to the release of individual photographs for the CONTRIMA Gallery, you grant CONTRIMA a non-exclusive, worldwide, royalty-free copyright license to use the photograph in question online in the CONTRIMA Gallery, as well as for the promotion and announcement of this online gallery. In terms of content, this grant of rights includes, in particular, the following non-exclusive rights: the right to reproduce and distribute;

the right to reproduce and distribute;
the right to publish;
the right to publicly communicate the photographs, in particular to display them, make them available to the public, broadcast them (including rebroadcasting), reproduce them via image, audio, or multimedia media, as well as reproduce them via radio broadcasts, public access, or in any other manner;
the right to use the photographs in ways not known at the time the contract was concluded;
the right to edit the photographs while preserving their intellectual character, including through the use of AI technologies;
the right to combine the photographs with other works and to integrate them into collections and online formats.

6.2.2 The photographs may be edited; however, the appearance, context, placement, and appearance of all persons depicted may not be altered. 6.2.3

6.2.3 Photographs included in the CONTRIMA gallery will always be accompanied by a credit (in the form of your username).

6.2.4 By uploading the photographs, you warrant to CONTRIMA that you are the owner of all rights to the photographs required for the grant of rights under the Copyright Act, and that no third-party rights (copyrights, personality rights) preclude the agreed-upon use by CONTRIMA. You indemnify CONTRIMA against all claims by third parties asserted arising from or in connection with the exercise of the rights granted under 6.2. 6.2.5 If any of the conditions set forth in 5.1.7 are not met—in particular because a person depicted has not given their consent—the agreement shall be deemed null and void.

6.2.5 If any of the conditions set forth in 5.1.7 cease to apply—in particular, because a person depicted revokes their additional portfolio/social media release or because you terminate the gallery release—CONTRIMA will immediately remove the photograph in question from the CONTRIMA gallery available online.

7. Our Reporting Channels

CONTRIMA provides reporting channels through which you can report content in CONTRIMA galleries that, in your opinion, violates these Terms and Conditions, the rights of third parties (in particular copyrights and personality rights), or local laws. We will review your report and take appropriate action in a timely manner. By using these channels, you agree to use our reporting channels only in good faith and not to abuse our reporting and objection options by submitting unfounded reports or objections.

Reporting address: info@contrima.com

8. Your Obligations and Liability

8.1 You are obligated to use CONTRIMA exclusively in accordance with these Terms of Use and applicable legal regulations. You bear sole responsibility for all content that you upload to CONTRIMA, display with models, or share in the CONTRIMA gallery.

8.2 You agree to upload to CONTRIMA, share with the subjects depicted or in the gallery, or otherwise make available only content for which you hold all necessary rights or for which the necessary rights have been effectively granted to you. You are solely responsible for this. This includes, in particular: rights have been validly granted to you. You are solely responsible for this. This includes, in particular: Copyright (UrhG): You must be the author of the uploaded works or have the appropriate license to use them. Uploading third-party works without the appropriate rights granted is prohibited.

Copyrights (UrhG): You must be the author of the uploaded works or have the appropriate license to use them. Uploading third-party works without the appropriate rights granted is prohibited.
Data Protection (Art. 6 GDPR) and Right to One’s Own Image (Sections 22, 23 KUG): When you use CONTRIMA’s services (e.g., uploading photographs to CONTRIMA’s servers, transmitting photographs to the individuals depicted, providing thumbnails, or subsequent download processes), CONTRIMA processes, on your behalf, the personal data of the persons depicted on your behalf. CONTRIMA is authorized to do so under the data processing agreement concluded with you. You are obligated to comply with the requirements under the GDPR and the KUG. To the extent that you process these photographs via CONTRIMA, it is your responsibility to ensure that the processing of personal data is lawful and in compliance with the GDPR, in particular Article 6 of the GDPR. In particular, you must provide the individuals depicted with comprehensive privacy notices regarding all data processing operations, explaining the respective legal basis for processing under Article 6 of the GDPR and informing them of their rights. Furthermore, you must ensure that any dissemination or publication of images is covered by the provisions of §§ 22, 23 of the German Artistic Copyright Act (KUG). You are solely responsible for and are fully liable to the persons depicted, subject to the limitations set forth in Section 9. The foregoing provisions also apply if you use the template provided by CONTRIMA for the privacy notice.
Other Third-Party Rights: You shall ensure that the uploaded content does not infringe any other third-party rights (e.g., trademark rights or other industrial property rights).

8.3 The following points apply in addition to the aforementioned rules:

By using CONTRIMA, you agree not to collect, search, copy, or otherwise access data or content from CONTRIMA in an unauthorized manner, e.g., by using automated means (“scraping” without our express prior permission) or by accessing or attempting to access data that you are not authorized to access.
Uploading images that have been generated or manipulated, in whole or in part, using artificial intelligence is not permitted.
The user agrees to maintain a respectful and objective tone when communicating with other users of the platform—particularly when contacting individuals depicted in images.

9. CONTRIMA’s Liability

9.1 CONTRIMA shall be liable for damages only to the extent that the cause of the damage is attributable to an intentional or grossly negligent breach of duty by CONTRIMA or a legal representative or vicarious agent of CONTRIMA. Otherwise, liability is excluded.

9.2 The foregoing provision does not exclude liability for damages resulting from the loss of life, bodily injury, or harm to health caused by a negligent breach of duty by CONTRIMA or an intentional or negligent breach of duty by a legal representative or vicarious agent of CONTRIMA; to this extent, CONTRIMA is liable in accordance with the statutory provisions. Liability under the Product Liability Act remains unaffected.

9.3 CONTRIMA provides the technical infrastructure for the exchange of images and the initiation and conclusion of license agreements between photographers and the persons depicted; CONTRIMA is not a party to the license agreements between you and the persons depicted. CONTRIMA is not liable for the legal validity or enforceability of the contracts concluded between you and the persons depicted, subject to the foregoing sections § 9.1 and § 9.2.

10. Warranty

10.1 CONTRIMA will make the Platform available with due care. Unless the suitability of the Platform for its intended use is not only insignificantly limited or negated, CONTRIMA provides a warranty in accordance with statutory provisions. Liability for damages without fault for defects that already existed at the time of conclusion of the contract is excluded.

10.2 CONTRIMA reserves the right to modify or expand the content and structure of the platform, as well as the associated user interfaces, in a manner reasonable for the user, provided that this does not impair or only minimally impairs the fulfillment of the purpose of the platform . Users have no entitlement to updates.

10.3 CONTRIMA may restrict or discontinue operation of the platform at any time. Users have no right to the continued availability of the platform, neither with respect to individual functions nor to the platform system as a whole. CONTRIMA will inform you accordingly of any restrictions or settings it has implemented regarding the operation of the platform. CONTRIMA will inform you accordingly of any restrictions or suspensions of the platform’s operation that it implements itself. 10.4 CONTRIMA makes no representations regarding the uninterrupted availability or performance of the platform. This may be temporarily suspended due to maintenance work or malfunctions,

10.4 CONTRIMA makes no promises regarding the uninterrupted availability or performance of the platform. The platform may be temporarily unavailable—or, in some cases, for extended periods—due to maintenance work or disruptions. In such cases, the availability of the platform is fully or partially restricted. In such cases, the availability of the platform will be restricted in whole or in part.

11. Fees / Payment Terms

11.1 Use of the CONTRIMA platform is subject to a fee. The applicable monthly fees are set forth in § 4 of these Terms of Use. The fee is due monthly in advance and is automatically charged at the beginning of each billing period via Stripe using the payment method you have on file. The free trial access under Section 4.3 remains unaffected by this.

11.2 Payment processing for CONTRIMA is handled exclusively by the payment service provider

Stripe Payments Europe, Ltd.
1 Grand Canal Street Lower, Grand Canal Dock
Dublin, D02 H210, Ireland
(hereinafter “Stripe”).

By completing the registration and providing your payment information, you declare your consent to payment processing via Stripe (including the transmission of the required payment information to Stripe). The processing of payment data is subject to the Stripe Privacy Policy, available at https://stripe.com/de/privacy. CONTRIMA does not store any payment data. Data storage and transaction security are the responsibility of Stripe. Accepted payment methods are subject to the options offered by Stripe at the respective time and enabled by CONTRIMA (including, but not limited to, credit card and SEPA direct debit).

11.3 If a debit transaction fails for the first time (e.g., due to insufficient funds, an expired payment method, or a technical error), CONTRIMA will notify you via email about the failed debit and will ask you to check your payment details and update them if necessary. Over a period of fourteen (14) days, Stripe will automatically make several (up to eight) additional debit attempts and send you payment reminders. If payment is still not received after that, CONTRIMA is entitled to limit your access and terminate the subscription for good cause pursuant to Section 13.4.

11.4 For the sale of photographs (Private Use Sales Package), you will use your own payment account with Stripe (Stripe Connect), which is automatically set up for you during the setup process. Through this account, you will independently process payments with the individuals shown; Through this account, you will independently process payments with the individuals depicted; CONTRIMA is not a contractual partner in this regard, but is merely associated as the recipient of the platform fee.

12. Right of Withdrawal

Right of Withdrawal

If you are a consumer and enter into the Personal or Professional subscription with CONTRIMA, you have the right to cancel this contract within fourteen (14) days without giving a reason. The cancellation period is fourteen days from the date the contract is concluded.

To exercise your right of withdrawal, you must contact

Contrima GmbH
Enzianweg 29
71384 Weinstadt
Germany
Email: info@contrima.com

by means of a clear statement (e.g., an email sent to info@contrima.com) regarding your decision to withdraw from this contract. You may use the following sample withdrawal form for this purpose, though its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send the notification regarding the exercise of your right of withdrawal before the withdrawal period expires.

Sample Withdrawal Form

If you wish to withdraw from the contract, you may use the form shown below and return it, fully completed, to:

Contrima GmbH
Enzianweg 29
71384 Weinstadt
Germany
Email: info@contrima.com

I/we (***) hereby withdraw from the contract concluded by me/us on (***) for the provision of the services of the CONTRIMA platform under the (Personal / Professional) subscription.

(Ordered on (***) / received on (***))

Name of the consumer(s): ***

Address of the consumer(s): ***

Signature of the consumer(s) (only for paper notifications)

Date (***)

Consequences of Withdrawal

If you withdraw from this contract, we must refund to you all payments we have received from you without delay and no later than fourteen days from the day on which we received notice of your withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

13. Termination

13.1 The paid subscription (see § 4) is entered into for an indefinite term.

13.2 Both you and CONTRIMA may terminate the contract at any time without providing a reason, effective at the end of the current billing period. Termination may be effected via the account management section within the platform or by email to info@contrima.com.

13.3 After the ordinary termination takes effect, access to the platform remains fully available until the end of the billing period for which payment has already been made.

13.4 The right to terminate the contract for cause remains unaffected. A cause for CONTRIMA exists, in particular, in the event of:

serious or repeated violations by the user of these Terms of Use or the Community Guidelines,
infringement by the user of copyrights, the right to one’s own image, or other rights of third parties,
the commission of criminal acts in connection with the use of the platform,
persistent failure to pay fees due in accordance with § 11.

13.5 In the event of extraordinary termination by CONTRIMA, the fees already paid that correspond to the unused portion of the current billing month will be refunded on a pro-rata basis to the payment method you have on file. CONTRIMA’s claims for damages CONTRIMA’s claims for damages remain unaffected.

13.6 Once the termination takes effect—whether ordinary or extraordinary— CONTRIMA will provide you, for a period of one (1) month from the effective date of the termination, with the option to download and export all concluded license and contract documents collectively in PDF format. After the export period expires, your data will be irrevocably deleted, provided that no statutory retention obligations prevent this. CONTRIMA assumes no responsibility for the loss of documents that you did not download within the export period.

13.7 The trial account will be temporarily closed for the ten-day trial period and remains unaffected by the aforementioned provisions. 13.8 The termination of this contract does not affect the rights and obligations of the parties, as well as third parties (such as the persons depicted), that have arisen up to that point.

13.8 The termination of this Agreement does not affect the rights and obligations of the parties, as well as those of third parties (such as the persons depicted), that have arisen up to that point.

14. Changes to the Terms of Use

CONTRIMA will notify you of any changes to these Terms of Use in writing no later than two weeks before the proposed effective date. Your consent is deemed to have been given if you have not indicated your objection before the proposed effective date of the changes. CONTRIMA will specifically draw your attention to this effect of consent in the notice.

15. Final Provisions

15.1 These Terms of Use are governed by the laws of the Federal Republic of Germany.

15.2 CONTRIMA provides these Terms of Use in a variety of language versions for greater clarity. In the event of discrepancies, the English language version of these Terms of Use shall prevail.

15.3 Should any provision of these Terms of Use be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties are required to replace the invalid provision with a valid provision that best achieves the economic result intended. The same applies if this contract contains a gap that requires supplementation.

Version 3 · Jul 26, 2026

Platform Terms of Use for Photographers

between

Contrima GmbH, represented by its managing director Mark Reinhardt, Enzianweg 29, 71384 Weinstadt

(hereinafter “CONTRIMA”)

and

{photographer_name}

{photographer_address}

{photographer_email}

(hereinafter “you”)

Introduction/Package description

These Terms and Conditions set out the general terms governing the registration and use of CONTRIMA accounts, as well as the use of CONTRIMA’s services by photographers. These Terms and Conditions apply to users with a trial account, a Personal Account and a Professional Account, subject to the relevant account terms and conditions in each case.

Please note that you must also enter into a contract with us regarding the processing of order data.

1. The CONTRIMA platform

1.1 CONTRIMA enables street photography artists to connect with people from over 200 countries and in over 30 languages, whom they have captured on camera in everyday situations for a fleeting moment. CONTRIMA provides the infrastructure for arrangements between photographers and the people depicted: from the initial contact right through to the opportunity to present their own images in a photographer’s personal gallery, which CONTRIMA members can view and which can be used as a starting point for inspiration or exchange. CONTRIMA thus provides a technical platform for the organisation, provision, documentation, licensing and presentation of photographic content.

1.2 Choose the plan that suits you: If you simply want to share your enjoyment of street photography with like-minded people and those pictured, the Personal Account is just right for you. Professional photographers – or those who aspire to become one – also gain the additional opportunity, via the Professional Account, to sell their photographs.

1.3 Please note: CONTRIMA acts as an intermediary and provides an infrastructure service, but is not a party to any licence agreements you enter into with the subjects of your photographs. This means that CONTRIMA is not a party to any image licence agreements. CONTRIMA does not provide legal services and, in particular, does not carry out legal case-by-case reviews or approve agreements. Where CONTRIMA provides contract templates, it is your responsibility to ensure that these templates have been reviewed in relation to the specific case in question and can be concluded in a legally valid manner. 1.4 Please note: The personal data that CONTRIMA receives from you or processes in connection with the platform processes you initiate on behalf of the persons depicted, is processed by CONTRIMA in accordance with your instructions.

1.4 Please note: CONTRIMA processes the personal data it receives from you or, in the context of platform processes initiated by you, regarding persons depicted in images, on your behalf. To this end, you shall conclude a data processing agreement in parallel. This also means that you must ensure that you obtain the necessary rights to the personal data (in particular the photographs) of the individuals depicted. Where CONTRIMA provides a template for privacy notices (see Sections 5.1.2 and 8.2 for further details), it is your responsibility to ensure that this template has been reviewed in light of the respective individual case.

1.5 The operator and provider of the platform is Contrima GmbH, represented by its Managing Director, Mr Mark Reinhardt. CONTRIMA is a registered trade mark of Mark Reinhardt; Contrima GmbH uses the trade mark with his consent.

2. Use of CONTRIMA

You are only authorised to use CONTRIMA if you comply with these Terms and Conditions, the Data Processing Agreement to be concluded in parallel Data Processing Agreement, our privacy policy (Privacy Policy) and all relevant local our privacy policy (Privacy Policy) and all relevant local laws.

3. User account / Registration

3.1 Use of CONTRIMA as a photographer requires prior registration. Only natural persons of legal age who have reached the age of {photographer_age_of_majority} and possess full legal capacity are entitled to register .

3.2 Once you have completed the registration form, you will receive a confirmation link via the specified email address. The user agreement only comes into effect upon successful completion of this confirmation process. 3.3 When creating your CONTRIMA account, you are obliged to provide truthful information.

3.3 When creating your CONTRIMA account, you are obliged to provide truthful information; You You are responsible for ensuring that the details you provide (including the address, billing and payment details required to take out a subscription) are accurate and up to date. 3.4 You are obliged to treat your login details (in particular your password) as confidential and to protect them from access by third parties. You must ensure that no one else has access to your login details.

3.4 You are obliged to treat your login details (in particular your password) as confidential and to protect them from access by third parties. You must ensure that no unauthorised persons use your login details to access your account.

3.5 CONTRIMA reserves the right to suspend, restrict or permanently delete user accounts or individual functions in the following cases: in the event of

breaches of these Terms and Conditions;
reasonable suspicion of misuse;
false information provided during registration or subsequent failure to meet the registration requirements;
relevant legal or regulatory obligations;
serious breaches of applicable law, in particular breaches of third-party rights (especially copyright and rights of personality).

3.6 In the event of serious breaches – in particular breaches that infringe the rights of third parties (e.g. copyright, the right to one’s own image) or are relevant under criminal law – CONTRIMA is entitled to suspend or delete your account without prior notice with immediate effect. In all other cases, you will be informed by email of any intended suspension or deletion and will be given the opportunity to comment.

3.7 In the event of the deletion of your user account, your uploaded content will be irrevocably deleted after the expiry of a period of 30 days, provided that no statutory retention obligations preclude this. Any licence agreements already concluded with the persons depicted remain unaffected by this.

3.8 If we have previously deactivated one of your accounts due to a breach of the present Terms and Conditions or for legal reasons, you are not entitled to create a new CONTRIMA account, unless we grant you our express written authorisation to do so.

4. Account models

To use the platform’s services, you can take out one of the following subscriptions or a trial account with us:

4.1 Personal Account: The Personal Account allows basic use of the platform for a monthly fee of {personal_price} (including VAT at the statutory rate). The charge is always taken at the start of the billing period. The features of the Personal Account can be found in § 5.1.5.

4.2 Professional Account: The Professional Account allows for the full use of the platform at a monthly price of {professional_price} (including statutory VAT). The payment is always debited at the start of the billing period. The features of the Professional Account can be found in § 5.1.5.

4.3 Trial Account: CONTRIMA offers a trial account valid for 10 days from activation. This grants access to the full range of CONTRIMA’s services, with the exception that it is not possible to sell images. No payment details need to be provided to use the trial account. Once the trial period has expired, the trial account will be switched to read-only mode; the active features of the platform will then no longer be available to you. Your account will remain active for a total of three (3) months from the date of activation, so that people already featured in photos can still download their photos during this period. During this period, you can at any time take out a paid subscription via the account management section (My Account) and thereby retain your account permanently. Once the three (3) months have elapsed, your account , along with your uploaded content and other data stored on the platform, will be deleted, provided that no statutory retention obligations prevent this. Any licence agreements already concluded with individuals featured in the images remain unaffected by this. 4.4 You may switch between the Personal Account and the Professional Account at any time via the account management section. A switch will take effect at the start of the next billing period.

4.4 You may switch between the Personal Account and the Professional Account at any time via Account Management. Any switch will take effect at the start of the next billing period.

4.5 Platform usage licence: Upon successful conclusion of this contract, you are granted a revocable, limited, non-exclusive, non-transferable and non-sublicensable licence to access our service or to use our service in accordance with these Terms and Conditions.

5. Scope of Services

5.1 Platform Services: Sharing photo collections with people featured in the photos

5.1.1 Taking the photographs

Before you take your first photographs of your subject, you must always have approached the individuals and sought their consent to be photographed. If you take photographs without the consent of the people depicted, this may lead to breaches of their personal rights and data protection regulations.

!!! This applies all the more in sensitive situations: never take photographs of minors, of people who are fully or partially unclothed (for example, on the beach) or of people in intimate situations or in exceptional circumstances (such as scenes of a disagreement), unless you have first asked for explicit permission and been granted permission to take the photo.

5.1.2 Providing the CONTRIMA QR codes for scanning

Immediately before or after taking the photograph, as agreed with the people pictured, you may present them with the QR code you have previously generated via CONTRIMA for them to scan. The QR code is generated per photo session, not per person pictured; each person who scans it thereby receives their own individual permanent link. The collection is created as soon as you scan a paper or DTP QR card that you have created, configure a digital individual card, or a person pictured scans the QR code for the first time;

The following applies specifically when creating the QR code:

Licence model: The licence model is defined by the QR code (see section 5.1.5 for further details).
Country of residence (optional): The country of residence of the person pictured. This information is not mandatory and can be set or changed by any person pictured at any time via their permanent link.
Target language (optional): The language of the person depicted. This information is not mandatory and can be set or changed by any person depicted at any time via their permanent link.
Number of people pictured (adults and minors): This information is not mandatory and can also be configured retrospectively within the collection.

You should always scan this QR code yourself using the camera you are using, to ensure that the photo collection and the people pictured can be correctly matched later via the 8-digit photographer code. When scanned, the person pictured is directed to a CONTRIMA page. Here, the person pictured can, simply by entering their email address, request access to the preview images – which will be available later and include a watermark – with a single click. By entering their email address, a personal permanent link is created for the person pictured, which can be accessed again and again at a later date. At this point, your privacy policy is made clearly recognisable and immediately available to the person pictured via a hyperlink. CONTRIMA provides a template for comprehensive privacy notices as the default setting. Alternatively, you can also upload your own privacy notice via a link in your account.

Template: Insofar as we provide a template for photographers’ privacy notices, CONTRIMA cannot accept any liability for the accuracy, completeness or timeliness of the template provided. The information is, in particular, of a general nature and does not constitute legal advice in a specific case. It is therefore your responsibility to have the template legally reviewed before its respective use. 5.1.3 Creating new collections

5.1.3 Creating new collections

Once you have confirmed that the people depicted have approved the image preview via CONTRIMA (GATE 1), you can edit the collection generated as a result via your CONTRIMA user account. To do this, follow CONTRIMA’s guidance through the ‘Edit collection’ workflow.

You upload the new collection to CONTRIMA’s servers.
You then create person profiles for each collection for the recognisable individuals depicted (for example: ‘Person in a green T-shirt’). Please note that it is sufficient for the person to be identifiable. Even without a visible face (front or side view), a person may be identifiable based on other features (e.g. distinctive tattoos, characteristic clothing in combination with location/time or context (home, workplace)). When configuring the session, you specify the number of people depicted and select in advance for each person whether they are a baby, a child, a young person (in the EU: over 14 years of age) or an adult; you can also optionally provide a note on identifying features. You can also add to or amend this information before the collection is released. The people depicted assign themselves during the claiming process (GATE 2). In the case of minors, depending on the circumstances, their legal guardians will be contacted or included in the process via an invitation link.
You then click on ‘Publish collection’. All people pictured will receive an email informing them that they can now view a preview version of the collection (lower resolution, with a watermark) via an access link also included in the email. At this stage, the collection is visible only to you and those people depicted who have requested a preview and have now received the access link to this collection.

Please note: You are solely responsible for ensuring that collections, people depicted, claims, contract models and other assignments are created, assigned and used in a factually correct manner.

5.1.4 Claiming and Conclusion of Contract (GATE 2)

The persons depicted can now view the collection in the preview version. In doing so, the images are displayed to them in reduced resolution and with a CONTRIMA watermark. They will also be provided with the terms of the licence model you have preselected (see § 5.1.5). If they like the preview and wish to obtain the rights to the images , they assign themselves to one of the people you have created (for example: “the person in the green T-shirt is me”). They then review the licence text and can conclude the licence agreement .

Once all individuals have agreed to the licence model and concluded the agreement (the status of the required responses can be viewed in your user profile), the agreements take effect. All individuals will then receive their photographs via the CONTRIMA platform.

!!! Minors: As part of the claiming process, you will also be asked whether the person depicted is a minor and whether they are over 14 years of age. If a person depicted has not yet reached the age of 18, all legal guardians must agree to the licence terms on behalf of the minor. This is necessary not only due to contractual requirements, but also due to data protection regulations. Either the minor themselves or the legal guardians also depicted in the image must then provide the email addresses of all legal guardians. The licence terms are then sent by email to these legal guardians. The minor themselves, provided they are over 14 years of age, also provides a shortened declaration of consent. In addition, provided they are over 14 years of age, the minor themselves will provide a shortened declaration of consent. 5.1.5 The licence agreement between you and the persons depicted / licence packages

5.1.5 The licence agreement between you and the persons depicted / licence packages

Every person who enters into the licence agreement receives from you (subject to the condition precedent that all other persons depicted also enter into the licence agreement) the high-resolution digital copies of the collection as well as the rights of use for the photographs within the scope of the respective package. Furthermore, the person depicted grants the other persons depicted and, where applicable, you as the photographer, the consent and licence to use the photographs within the scope of the respective package.

Please note: Upon conclusion of the licence agreement, the persons depicted merely provide their email addresses. Real names and addresses, however, are not requested. This also means that it is not possible to identify the person with certainty (it cannot cannot be guaranteed that the email address actually belongs to the person making the declaration). This may lead to difficulties if you wish to enforce concluded contracts (possibly through the courts) or take action against the person depicted in the event of legal violations person. Lawsuits or interim injunctions must be served at an address suitable for service of process. Furthermore, enforcement is only possible against an identifiable person.

There are three licence packages / licence models available to you, depending on your subscription:

Personal and Professional: Private Use Gift Package (with optional portfolio/social media additional authorisation, see § 5.1.6): Under this package, the person depicted may make full use of the images for private purposes. Use for commercial purposes is excluded.
Personal and Professional: Rights Exchange package: In this package, too, the person depicted may make full use of the images for private purposes. In return, they grant you the right to use the collection commercially. The scope of permitted commercial uses of the photographs is set out in the respective licence texts. Please note: Where minors are depicted, only a limited grant of rights applies to the extent of the portfolio/social media supplementary release, see § 5.1.6, with the additional authorisation to sell prints of the photographs. If no agreement can be reached with all parties involved regarding the ‘Rights Exchange’ package, the entire collection may be uniformly switched to the ‘Private Use Purchase’ package (provided you have a Professional Account).
Professional subscription only: ‘Purchase for Private Use’ package (with optional Portfolio/Social Media Additional Licence, see Section 5.1.6): Under this package, the person depicted may also make full use of the images for private purposes. Use for commercial purposes is excluded. However, they are obliged to pay a fee determined by you in advance.

Further information on the scope of the rights granted can be found in the respective licence texts.

The licence texts: The standard contract texts are model texts for the various licence models and have been drawn up with the utmost care. However, CONTRIMA cannot assume any liability for the accuracy, completeness and up-to-date nature of the template provided. The information is of a general nature and does not constitute legal advice in individual cases. It is therefore your responsibility to ensure that this template has been legally reviewed.

5.1.6 Additional Portfolio/Social Media Release

In the case of the ‘Gift Package’ and ‘Purchase Package’, the person depicted may, voluntarily and optionally, grant you a revocable additional portfolio/social media release. In this case, you may use the photographs covered by the contract for the purpose of incorporating them into your own commercial social media channel, your own portfolio website, in your own exhibitions and presentations, as well as for the promotion thereof and in your own CONTRIMA profile (also: Showcase), as well as, subject to the further conditions set out in § 5.1.7, in the CONTRIMA Gallery.

Please note: Only if all persons appearing in a photograph have equally granted the additional authorisation may you use it in accordance with the terms of the additional authorisation. It is your own responsibility to verify that the necessary rights have been obtained. CONTRIMA accepts no liability in this regard, subject to Clause 9 of this Agreement.

5.1.7 Adding images to your showcase and the CONTRIMA Gallery

You can use your account to upload selected images to your own CONTRIMA Showcase on your profile with a single click. In addition, CONTRIMA curates a public CONTRIMA gallery (see Gallery), which contains selected images by photographers from all over the world. Inclusion of your photographs in the public CONTRIMA gallery is only possible with your separate consent. During the onboarding process or at any time in your profile under ‘Settings’, you can option to allow the showcase images you have shared to also appear in the public CONTRIMA gallery. The inclusion of a photograph in the CONTRIMA gallery also requires that:

(i) you hold a valid licence for the collection in question,

(ii) you have incorporated the photograph into your Showcase and authorised it for the CONTRIMA gallery, and

(iii) the necessary authorisation has been obtained for the persons depicted: for the ‘Donation for Private Use’ and ‘Sale for Private Use’, the voluntary portfolio/social media additional release (see 5.1.6); for the ‘Rights Exchange’ package, the grant of rights contained in the licence agreement.

6. Licence: Grant of rights to CONTRIMA

6.1 Photographs in your CONTRIMA profile (personal showcase)

6.1.1 For the duration that a photograph is included in your CONTRIMA profile (showcase), you grant you grant CONTRIMA a non-exclusive, worldwide, royalty-free copyright licence to use the photographs to the extent necessary for their inclusion in your CONTRIMA profile (showcase) . This includes, in particular, the storage, reproduction, presentation, resizing and creation of previews (thumbnails) of the photographs. It is necessary to use these. . This includes, in particular, the storage, reproduction, display, resizing and creation of previews (thumbnails) of the photographs. In terms of content, this grant of rights covers, in particular, the following non-exclusive rights:

the right to reproduce and distribute;
the right to publish, exhibit, present, perform and screen;
the right to publicly communicate the photographs, in particular to display them, make them available to the public, broadcast them (including rebroadcasting), reproduce them via image, sound or multimedia media, as well as to reproduce them via radio broadcasts or by making them publicly available, or to reproduce them in any other manner;
the right to use the photographs in ways not known at the time the contract was concluded;
the right to edit the photographs whilst preserving their intellectual character, including through the use of AI technologies;
the right to combine the photographs with other works and to integrate them into collections and online formats.

6.1.2 The photographs may be edited; however, the appearance, context, placement and appearance of all persons depicted must not be altered. 6.1.2

6.1.3 Use of the photographs by CONTRIMA, in particular for marketing purposes in outdoor advertising, is not covered by this licence.

6.1.4 By uploading the photographs, you warrant to CONTRIMA that you are the holder of all rights to the photographs required for the grant of rights under the Copyright Act, and that no third-party rights (copyright, personality rights). You shall indemnify CONTRIMA against all claims by third parties arising from or in connection with the exercise of the rights granted under 6.1 .

6.1.5 The photographs that you upload to your profile or showcase will always be accompanied by a credit (in the form of your username).

6.2 Inclusion of your photographs in the CONTRIMA gallery

6.2.1 For the duration of your consent to the publication of individual photographs in the CONTRIMA Gallery, you grant CONTRIMA a non-exclusive, worldwide, royalty-free copyright licence to use the photograph in question online in the CONTRIMA gallery, as well as for the promotion and advertising of this online gallery. In terms of content, this grant of rights specifically covers the following non-exclusive rights:

the right to reproduce and distribute;
the right to publish;
the right to publicly communicate the photographs, in particular to display them, make them available to the public, broadcast them (including rebroadcasting), reproduce them via image, sound or multimedia media, and reproduce them via radio broadcasts, public access or in any other manner;
the right to use the photographs in ways not known at the time the contract was concluded;
the right to edit the photographs whilst preserving their intellectual character, including through the use of AI technologies;
the right to combine the photographs with other works and to integrate them into collections and online formats.

6.2.2 The photographs may be edited; however, the appearance, context, placement and appearance of all persons depicted must not be altered. 6.2.3 Photographs included in the CONTRIMA gallery will always be accompanied by a credit (in the form of your username).

6.2.3 Photographs included in the CONTRIMA gallery will always be accompanied by a credit (in the form of your username).

6.2.4 By uploading the photographs, you warrant to CONTRIMA that you are the holder of all rights to the photographs required for the grant of rights under the Copyright Act, and that no third-party rights (copyright, personal rights). You shall indemnify CONTRIMA against all claims by third parties arising from or in connection with the exercise of the rights granted under 6.2 .

6.2.5 If any of the conditions set out in 5.1.7 cease to apply – in particular because a person depicted revokes their additional portfolio/social media authorisation, or because you terminate the gallery authorisation – CONTRIMA shall immediately remove the photograph in question from the CONTRIMA gallery available online.

7. Our reporting channels

CONTRIMA provides reporting channels through which you can report content in CONTRIMA galleries to us that, in your opinion, infringes these Terms and Conditions, the rights of third parties (in particular copyright and personality rights) or local laws. We will review your report and take appropriate action in a timely manner. By using these channels, you undertake to use our reporting channels only in good faith and not to misuse our reporting and objection options by submitting unfounded reports or objections.

Reporting address: info@contrima.com

8. Your obligations and liability

8.1 You are obliged to use CONTRIMA exclusively in accordance with these Terms of Use and the applicable legal provisions. You bear sole responsibility for all content that you upload to CONTRIMA, with which you are featured, or which you share in the CONTRIMA gallery.

8.2 You undertake to upload to CONTRIMA, to share with the subjects depicted or in the gallery, or to make available in any other way, only content for which you hold all the necessary rights or for which the necessary rights have been effectively granted to you. You are solely responsible for this. This includes, in particular: rights have been validly granted to you. You are solely responsible for this. This includes, in particular:

Copyright (UrhG): You must be the author of the uploaded works or hold the relevant licence to use them. Uploading third-party works without the relevant rights having been granted is prohibited.
Data protection (Art. 6 GDPR) and the right to one’s own image (Sections 22, 23 KUG): When you use CONTRIMA’s services (e.g. uploading photographs to CONTRIMA’s servers, transmitting photographs to the persons depicted, providing preview images or subsequent download processes), CONTRIMA processes, on your behalf, the personal data of the persons depicted. CONTRIMA is authorised to do so under the data processing agreement concluded with you. You are obliged to comply with the requirements under the GDPR and the KUG. Insofar as you process these photographs via CONTRIMA, it is your responsibility to ensure that the processing of personal data is lawful and complies with the GDPR, in particular Article 6 of the GDPR. In particular, you must provide the persons depicted with comprehensive data protection notices regarding all data processing operations, explaining the respective grounds for consent under Article 6 of the GDPR and their rights. Furthermore, you must ensure that any dissemination or publication of images is covered by the provisions of Sections 22 and 23 of the German Artistic Copyright Act (KUG). You are solely responsible for and are fully liable to the persons depicted, subject to the limitations set out in § 9. The foregoing provisions also apply if you use the template provided by CONTRIMA for the privacy notice.
Other third-party rights: You shall ensure that the uploaded content does not infringe any other third-party rights (e.g. trade mark rights or other industrial property rights).

8.3 The following points apply in addition to the aforementioned rules:

By using CONTRIMA, you agree not to collect, search, copy or otherwise access data or content from CONTRIMA in an unauthorised manner, e.g. by using automated means (‘scraping’ without our express prior permission) or by accessing, or attempting to access, data which you are not authorised to access.
Uploading images that have been generated or manipulated, in whole or in part, using artificial intelligence is not permitted.
The user undertakes to maintain a respectful and objective manner when communicating with other users of the platform – in particular when contacting individuals depicted in images.

9. CONTRIMA’s Liability

9.1 CONTRIMA shall only be liable for damages insofar as the cause of the damage is attributable to an intentional or grossly negligent breach of duty by CONTRIMA or a legal representative or vicarious agent of CONTRIMA. In all other respects, liability is excluded.

9.2 The above provision does not exclude liability for damages arising from the loss of life, bodily injury or damage to health resulting from a negligent breach of duty by CONTRIMA or an intentional or negligent breach of duty by a legal representative or vicarious agent of CONTRIMA; in this respect, CONTRIMA shall be liable in accordance with the statutory provisions. Liability under the Product Liability Act remains unaffected.

9.3 CONTRIMA provides the technical infrastructure for the exchange of images and the initiation and conclusion of licence agreements between photographers and the persons depicted; CONTRIMA is not a party to the licence agreements between you and the persons depicted. CONTRIMA shall not be liable for the legal validity or enforceability of the contracts concluded between you and the persons depicted, subject to the provisions of paragraphs 9.1 and 9.2 above.

10. Warranty

10.1 CONTRIMA shall make the Platform available with due care. Provided that the suitability of the Platform for its intended use is not merely insignificantly restricted or negated, CONTRIMA shall provide a warranty in accordance with the statutory provisions. Liability for damages, irrespective of fault, for defects that were already present at the time of conclusion of the contract is excluded.

10.2 CONTRIMA reserves the right to amend or expand the content and structure of the platform, as well as the associated user interfaces, in a manner that is reasonable for the user, provided that this does not impair, or does not significantly impair, the fulfilment of the purpose of the platform . Users have no entitlement to updates.

10.3 CONTRIMA may restrict or cease operation of the platform at any time. Users have no right to the continued availability of the platform, neither in respect of individual functions nor in respect of the platform system as a whole. CONTRIMA will inform you accordingly of any restrictions or settings it has implemented regarding the operation of the platform. CONTRIMA will inform you accordingly of any restrictions or suspensions of the platform’s operation that it implements itself. 10.4 CONTRIMA makes no representations regarding the uninterrupted availability or performance of the platform. This may be subject to temporary interruptions due to maintenance work or faults.

10.4 CONTRIMA makes no representations regarding the uninterrupted availability or performance of the platform. It may be temporarily unavailable, or in some cases for longer periods, due to maintenance work or disruptions. In such cases, the availability of the platform is restricted in whole or in part. In such cases, the availability of the platform will be restricted in whole or in part.

11. Fees / Terms of Payment

11.1 There is a charge for using the CONTRIMA platform. The applicable monthly fees are set out in § 4 of these Terms of Use. The fee is payable monthly in advance and is automatically debited at the start of each billing period via Stripe using the payment method you have provided. The free trial access under Section 4.3 remains unaffected by this.

11.2 Payment processing at CONTRIMA is carried out exclusively via the payment service provider

Stripe Payments Europe, Ltd.
1 Grand Canal Street Lower, Grand Canal Dock
Dublin, D02 H210, Ireland
(hereinafter “Stripe”).

By completing the registration process and providing your payment details, you declare your consent to payment processing via Stripe (including the transmission of the necessary payment details to Stripe). The processing of payment details is subject to Stripe’s Privacy Policy, available at https://stripe.com/de/privacy. CONTRIMA does not store any payment details. Data storage and transaction security are the responsibility of Stripe. Accepted payment methods are subject to the options offered by Stripe at the relevant time and enabled by CONTRIMA (including, amongst others, credit card and SEPA direct debit).

11.3 If a direct debit fails for the first time (e.g. due to insufficient funds, an expired payment method or a technical error), CONTRIMA will notify you by email of the failed direct debit and will ask you to check your payment details and, if necessary, to update them. Over a period of fourteen (14) days, Stripe will automatically make several (up to eight) further attempts to collect the payment and will send you payment reminders. If payment is still not received after this period, CONTRIMA is entitled to restrict your access and to terminate the subscription for good cause in accordance with Section 13.4. payment reminders. If payment is still not received after this, CONTRIMA is entitled to restrict your access and to terminate the subscription for good cause in accordance with Section 13.4.

11.4 For the sale of photographs (Private Use Sales Package), you will use your own payment account with Stripe (Stripe Connect), which is automatically set up for you during the setup process. You will use this account to process payments with the individuals shown in the photographs; CONTRIMA is not a party to the contract in this respect, but merely acts as the recipient of the platform-based remuneration. You will process payments with the individuals depicted via this account independently; CONTRIMA is not a contracting party in this respect, but is merely associated as the recipient of the platform fee.

12. Right of withdrawal

Right of withdrawal

If you are a consumer and take out the Personal or Professional subscription with CONTRIMA, you have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the date the contract is concluded.

To exercise your right of withdrawal, you must

Contrima GmbH
Enzianweg 29
71384 Weinstadt
Germany
Email: info@contrima.com

by means of a clear statement (e.g. an email sent to info@contrima.com) informing us of your decision to withdraw from this contract. You may use the following model withdrawal form for this purpose, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send notification of your exercise of the right of withdrawal before the withdrawal period expires.

Model withdrawal form

If you wish to withdraw from the contract, you may use the form shown below and return it, duly completed, to:

Contrima GmbH
Enzianweg 29
71384 Weinstadt
Germany
Email: info@contrima.com

I/we (***) hereby withdraw from the contract concluded by me/us on (***) for the provision of services via the CONTRIMA platform under the (Personal / Professional) subscription.

(Ordered on (***) / received on (***))

Name of the consumer(s): ***

Address of the consumer(s): ***

Signature of the consumer(s) (only for paper notifications)

Date (***)

Consequences of withdrawal

If you withdraw from this contract, we shall refund to you all payments we have received from you without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

13. Termination

13.1 The paid subscription (see § 4) is entered into for an indefinite period.

13.2 Both you and CONTRIMA may terminate the contract at any time without giving reasons, with effect from the end of the current billing period. Termination may be effected via the account management section within the platform or by email to info@contrima.com.

13.3 Once the ordinary termination takes effect, access to the platform remains fully available until the end of the billing period for which payment has already been made.

13.4 The right to terminate the contract for cause remains unaffected. A valid reason for CONTRIMA shall include, in particular:

serious or repeated breaches by the user of these Terms of Use or the Community Guidelines,
infringement by the user of copyright, the right to one’s own image or other rights of third parties,
the commission of criminal offences in connection with the use of the platform,
persistent non-payment of fees due in accordance with Section 11.

13.5 In the event of extraordinary termination by CONTRIMA, the fee already paid for the unused portion of the current billing month shall be refunded on a pro rata basis to the payment method you have provided. This shall not affect Claims for damages by CONTRIMA remain unaffected.

13.6 Once the termination takes effect – whether ordinary or extraordinary – CONTRIMA will provide you, for a period of one (1) month from the effective date of the termination, with the opportunity to download and export all concluded licence and contract documents collectively in PDF format. Once the export period has expired, your data will be irrevocably deleted, provided that no statutory retention obligations prevent this. CONTRIMA accepts no responsibility for the loss of documents that you have not downloaded within the export period.

13.7 The trial account will be suspended for the ten-day trial period and remains unaffected by the aforementioned provisions.

13.8 The termination of this contract shall not affect the rights and obligations of the parties, as well as those of third parties (such as the persons depicted), that have arisen up to that point.

14. Amendments to the Terms of Use

CONTRIMA shall notify you in writing of any amendments to these Terms of Use no later than two weeks before the proposed date on which they are due to take effect. Your consent shall be deemed to have been given if you have not notified us of your objection before the proposed date on which the amendments are to take effect. CONTRIMA shall draw your attention to this effect of consent separately within the notification.

15. Final Provisions

15.1 These Terms of Use are governed by the laws of the Federal Republic of Germany.

15.2 CONTRIMA makes these Terms of Use available in a variety of language versions for greater clarity. In the event of any discrepancies, the English language version of these Terms of Use shall prevail.

15.3 Should any provision of these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The parties are required to replace the invalid provision with a valid provision that best achieves the economic result intended. The same applies if this contract contains a gap that requires supplementation.