General Terms and Conditions (GTC) of HYGH Germany GmbH & Co. KG
Version: [April 2025]
(1) These General Terms and Conditions ("GTC") apply to all contracts regarding the use of services in the field of digital out-of-home advertising entered into between HYGH Germany GmbH & Co. KG ("HYGH"), Bellevuestraße 3, 10785 Berlin ("Contractor") and its customers ("Client" or "User"). This includes, in particular, bookings made via the HYGH Advertisement Platform ("HAP") and bookings made through direct contact with HYGH consultants.
(2) HYGH offers the placement of digital out-of-home campaigns ("DOOH" or "Campaign(s)") on digital advertising spaces in public areas. The campaigns include the display of content (e.g. images, videos) on digital screens ("Advertising Spaces" or "Media") in accordance with the individual booking and the agreed advertising period (“Media Service”). Additional services such as the creation of advertising assets (“Creative Service”), as well as production, maintenance, and obtaining of permits (“Technical Services”), are also subject to these GTC.
(3) These GTC apply to businesses as defined by § 14 of the German Civil Code (BGB) and to consumers, insofar as they act as clients in individual cases.
(1) Bookings can be made via the HAP or through direct contact with HYGH (e.g., by email, phone, or in person).
(2) A contract is concluded when:
(3) The booking confirmation contains the essential components of the service (e.g., duration, price, selection of media) and constitutes HYGH’s acceptance of the Client’s offer.
1) All prices are final prices and are subject to applicable VAT, unless stated otherwise. The price shown at the time of the binding order applies. Prices listed in media data are non-binding and subject to change.
(2) Payment must be made in advance using the payment methods specified in the booking (e.g., SEPA transfer, Stripe, payment on invoice).
(3) The user will receive an electronic invoice in PDF format sent to the provided email address. The user explicitly agrees to the electronic delivery.
(1) Use of the HAP requires registration. Users must provide truthful and complete information during registration. Users are obligated to keep their login credentials confidential and not to share them with third parties. If credentials are lost or suspected to be used by a third party, the user must inform HYGH immediately.
(2) Content may only be uploaded in compliance with applicable law and the HYGH Content Rules.
(3) In case of violations of legal regulations or HYGH’s Content Rules, HYGH may reject, edit, or block content or user accounts.
(4) The platform is generally available 24/7, except during maintenance or backup periods.
(5) For bookings made via direct contact with a HYGH consultant, additional provisions apply, reflecting the individual consulting and booking process. Written form is required. HYGH employees are not authorized to make oral side agreements or assurances beyond the contractual terms.
(1) The user affirms that they hold all required trademark, name, design, copyright, and usage rights for the content provided and uploaded.
(2) The client is responsible for the content of the advertising materials and shall indemnify HYGH from any third-party claims. This also applies if the advertising material includes creative services by HYGH. In such cases, the responsibility to check the content for accuracy and legality lies with the client upon delivery of the creative asset.
(3) The user grants HYGH a non-exclusive right to edit, technically optimize, and publish the content on the booked media at the agreed times.
(4) HYGH may request proof of third-party rights if the user does not solely own the rights to the content.
(5) HYGH is entitled, until revoked, to use the advertising content and documentation images for its own promotional purposes.
(1) If advertising is not executed, interrupted, prematurely terminated, delayed, or defectively carried out for reasons attributable to HYGH, HYGH will, at its discretion, compensate by rescheduling on a comparable advertising space, extending the campaign on other available booked screens, or issuing a credit note for the affected portion.
(2) The client acknowledges that slight color deviations may occur on digital screens due to environmental conditions (e.g., weather changes). Such deviations do not constitute a defect. Minor display errors that do not impair visibility and affect no more than 5% of the display area also do not constitute a defect. The same applies to over- or under-deliveries within a 5% margin.
(3) HYGH may reject or terminate bookings (including individual placements within a campaign) based on content, origin, or technical form, in accordance with consistent and objectively justified standards (see §3 of these GTC). HYGH also reserves the right to cancel a campaign temporarily or permanently if its display is not feasible due to structural or operational reasons.
(1) The client is solely responsible for the legality and admissibility of the content. HYGH is not liable for content uploaded by third parties, nor for the content of advertised products, services, or websites. HYGH is not obligated to conduct legal checks.
(2) HYGH is not liable for platform outages outside of its control (e.g., network failures, force majeure).
(3) HYGH is not liable for damages caused by unforeseen circumstances beyond its control (e.g., outages, force majeure).
(4) In cases of minor negligence, HYGH is liable only for breaches of essential contractual obligations (“cardinal duties”) and limited to typical, foreseeable damages. Liability for indirect damages and consequential losses is excluded.
(5) Liability for injury to life, body, or health remains unaffected.
(6) Obvious defects must be reported in writing to HYGH without undue delay, no later than 30 calendar days after the end of the advertising period.
(7) HYGH reserves the right to terminate the contract without notice if essential regulatory approvals or contractual rights for campaign delivery lapse or legal compliance can no longer be guaranteed. In such cases, already made payments will be refunded proportionally for the period during which services are no longer provided.
(1) Users may only offset claims that are undisputed or legally established.
(2) A right of retention exists only if it is based on the same contractual relationship.
(1) If personal data is processed, it will be done in compliance with applicable data protection laws. The HYGH privacy policy is available at: www.hygh.tech/datenschutz.
(1) German law applies. Mandatory consumer protection laws of other countries remain unaffected.
(2) The place of jurisdiction is Berlin, provided the client is a merchant, a legal entity under public law, or a special fund under public law. The same applies if the client has no general place of jurisdiction in Germany or if their place of residence or business is unknown at the time legal proceedings are initiated.
(3) If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision will be replaced with one that most closely reflects the economic purpose. The same applies in the event of gaps.
(4) HYGH may propose changes to these GTC. The user is deemed to have accepted the changes if they do not object within 14 days after receiving the notice. This right of objection will be explicitly pointed out.
The following content is prohibited:
Conditionally permitted:
The Advertising Code of Conduct of the German Advertising Council applies, particularly its general and listed specific principles.
HYGH AG
Gotthardstraße 3
6300 Zug
Switzerland
HYGH Germany GmbH & Co. KG
Bellevuestr. 3
10785 Berlin
Germany
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