General Terms and Conditions of Deep Art Effects GmbH

1. Scope of Application

1.1. These General Terms and Conditions (“GTC”) apply to the granting of a license by Deep Art Effects GmbH (“Deep Art Effects”) to its customer (“User”) for the use of the free and the paid version of the Desktop PC Software described herein (the free and the paid version of the Software hereinafter referred to as “Software”).

1.2. Deep Art Effects licenses the Software exclusively on the basis of these GTC. Other terms and conditions, in particular the User’s general terms and conditions, shall not apply.

2. Prerequisite for the Use of the Software

2.1. The prerequisite for the use of the software is the download and installation of the software on a qualified hardware end-device of the user as well as the user’s agreement to these GTC.

2.2. Details of the supported operating systems and interoperability of the Software can be found on the Deep Art Effects website www.deeparteffects.com (“Website”) under the appropriate Download button.

3. Subject of Service

3.1. With the software, the user can have photos artistically edited based on the software. The user has various templates at his disposal, which can be applied to photos to make them appear in the style of certain art movements (e.g. impressionism). For this purpose, the user can load his photo into the software and have it edited by the software (the edited photo(s) in the following “Photo(s)”).

3.2. The user can choose between a free and a paid version of the software. The paid version of the software offers the user additional image processing functions, which are described in detail in the service description as part of the ordering process.

3.3. In addition, the user has the option of having the photo printed in high-resolution for a fee.

3.4. Further functions of the software are described on the website. In case of contradictions between the service descriptions and the GTC, the GTC take precedence.

4. Ordering Process and Contract Conclusion

4.1. In the case of the free version of the software, the contract is concluded by downloading the software and confirming these GTC electronically. The user can switch at any time from the free version to the paid version of the software by placing a separate order within the software. He will be informed of this possibility as soon as the User attempts to use a function available exclusively in the paid version of the Software.

4.2. In order to use the paid version of the software, the user must first complete the registration process on the website and set up a user account. The User will be asked to enter his/her e-mail address, a User ID (which may also be the User’s e-mail address) and a password. With the user ID and password, the user can log into his user account at any time and manage it. Only the user himself may use the user account.

When registering, the user chooses the desired basic term for the use of the software (“Plan”). By clicking on the button “Order payable” which then appears and by electronically declaring his consent to these GTC, the user submits his binding offer to conclude the contract. Deep Art Effects accepts this offer at the same time, unless otherwise indicated in the order process. Before submitting his offer, the User may view and change the order data at any time. Using the “Back” button, the User can, for example, select a different plan or payment method or cancel the order completely. Deep Art Effects informs the user of this possibility of change after selecting the desired plan and specifying the selected means of payment. Deep Art Effects will immediately send the User an automatic confirmation of the contract stating the selected plan to the User’s e-mail address; the contract can also be retrieved from the User’s account.

4.3. As soon as a contract pursuant to Section 4.2 of these GTC has been concluded for the paid version of the Software, the User shall receive a product key. With the product key the user can activate and use the extended version of the software.

5. Granting of rights

5.1. Deep Art Effects grants the User a non-exclusive, limited, non-transferable and non-sublicensable right to use the Software to the extent set forth in these Terms and Conditions. In the case of the paid version of the software, the license is limited to the term of the selected plan; in the case of the free version of the software, the license is unlimited. This license applies to a hardware device qualified according to the website. If the User wishes to replace his hardware device, he must contact Deep Art Effects Customer Service.

5.2. The software is copy-protected. Any circumvention of the copy protection is expressly prohibited. In addition, the user can only install and use the paid version of the software using the product key.

5.3. The user can freely dispose of the photos in relation to Deep Art Effects.

6. Duties of the user

6.1. The user ensures that he has the necessary rights to have his photos edited by the software.

6.2. The user is solely responsible for the photos he uploads to the software. Neither the uploaded nor the edited photos will be checked by Deep Art Effects.

6.3. The user will indemnify Deep Art Effects, if third parties assert legally binding claims against Deep Art Effects due to violation of their property rights on uploaded photos.

7. Updates

Deep Art Effects will make updates to the Software available for download as needed, including changes in functionality or performance as appropriate. If the User cannot reasonably be expected to accept these changes (in particular, because they adversely affect a paid function for the User), the User shall be entitled to terminate the plan extraordinarily.

8. License Fee and Terms of Payment

8.1. The provision of the paid version of the software is subject to the conditions in particular with regard to the term and license fee of the chosen plan. The user can view these conditions during the entire ordering process.

8.2. The license fee for the term selected in the plan is due immediately and payment is made using the User’s credit card.

8.3. In case of late payment, Deep Art Effects is entitled – without prejudice to its other rights – to charge interest at the statutory rate and to block or terminate the User’s use of the Software.

9. Term and Termination

9.1. Either party may terminate the free version of the Software at any time. The user only has to uninstall the software.

9.2. With the paid version of the software, the user can choose between different plans with different basic terms. The selected basic term of the plan is automatically extended by an extension term of the same length, unless the contract is terminated either by the user or by Deep Art Effects with a notice period of six weeks to the end of the basic term or the respective extension term (ordinary termination). Notice of termination must be given in writing (e.g. by e-mail or in the software application using the corresponding “Terminate” button).

9.3. The extraordinary right of termination for good cause remains unaffected for both parties. Deep Art Effects may in particular terminate the contract extraordinarily if the User has not paid a due invoice despite a reminder and expiry of a further term. In order to be effective, notice of termination must be given in text form (e.g. by e-mail).

10. Exclusion of the Right of Revocation

10.1. The User’s right of revocation is excluded with regard to the paid version of the Software subject to the conditions described in Section 10.2 below.

10.2. The product key for activation belongs to digital content that is not on a physical data carrier. The user’s 14-day right of revocation pursuant to § 355 BGB (German Civil Code) expires as soon as the user receives the product key. The prerequisite for this is that the user has taken note of the plan before ordering and has expressly agreed that he loses his right of revocation with the provision of the product key. He will be informed of this during the ordering process.

11. Warranty

11.1. Notwithstanding clause 12, Deep Art Effects does not assume any liability if the software is licensed free of charge.

11.2. In all other respects, the statutory warranty rights shall apply for a period of 12 months from the date of provision of the software.

12. Liability

12.1. Unless otherwise specified in the following provisions, the parties shall be liable to each other in accordance with the statutory provisions. The following provisions shall apply to all claims for damages and reimbursement of expenses, irrespective of the legal basis.

12.2. Deep Art Effects shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art Effects, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).

12.3. If Deep Art Effects licenses the Software free of charge, Deep Art Effects’ liability is otherwise excluded.

12.4. Otherwise the following applies: If Deep Art Effects causes damage through the simple negligent violation of cardinal obligations, Deep Art Effects shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contracting party could regularly rely. Deep Art Effects’ liability is excluded in the event of a negligent breach of obligations other than cardinal obligations, notwithstanding Section 12.2.

13. Privacy Policy

For information on how Deep Art Effects processes the User’s personal data, please see the Deep Art Effects Privacy Policy under the following link.

Privacy Policy

14. Miscellaneous

14.1. Changes to the contract including ancillary agreements require text form to be effective. Verbal ancillary agreements are ineffective.

14.2. The user is not entitled to set off against claims of Deep Art Effects or to assert rights of retention, unless they are undisputed or legally established claims.

14.3. Unless expressly agreed otherwise in writing, the User may not assign any claims arising from the contract.

14.4. The contract is subject to German law. Exclusive place of jurisdiction is the registered office of Deep Art Effects in Germany.

14.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic meaning and purpose of the original wording.

1. Scope of Application

1.1. These Terms and Conditions (“Terms”) apply to all services described or referenced herein (including the provision of the “Service(s)” app described herein) that Deep Art Effects GmbH (“Deep Art Effects”) provides to its customers (“Users”).

1.2. Deep Art Effects provides all services exclusively on the basis of these GTC. Other conditions, in particular the user’s general terms and conditions, do not apply.

2. Prerequisite for the Use of the Service

2.1. The prerequisite for using the Services is the download and installation of the Deep Art Effects App (“App”) in the App Store available to the User.

2.2. When using the App Store, further General Terms and Conditions of the App Store Operator (“App Store GTC(s)”) may have to be accepted and adhered to. The App Store General Terms and Conditions apply solely between the App Store Operator and the User and do not affect the validity of these General Terms and Conditions between Deep Art Effects and the User.

3. Conclusion of the Contract

3.1. A contract is concluded by downloading and installing the app and the electronically declared confirmation of these GTC.

3.2. The services to be provided by Deep Art Effects are determined exclusively by the service descriptions belonging to the App (as available in the App Store) and by these GTC. In case of contradictions and ambiguities between the service description and these GTC, the provisions of these GTC take precedence.

4. Subject of Service

4.1. Deep Art Effects offers the user the possibility to have photos artistically edited using software. The user has various templates at his disposal, which can be applied to the uploaded photos to make them appear in the style of certain art movements (e.g. Impressionism). To do this, the user can upload his photo to the service via the app and receives the edited photo (the edited photo(s) in the following “Photo(s)”) back shortly afterwards (loaded into the app). In addition, the user has the option to purchase a high-resolution copy of the photo for a fee or to have the photo printed by Deep Art Effects for a fee.

5. Granting of Rights

5.1. Deep Art Effects grants User a non-exclusive, time-limited, non-transferable, non-sublicensable, terminable and revocable right to download, install, and use the App (and available updates) and the Service solely for the User’s own purposes in the Object Code on a smartphone or tablet.

5.2. The User may freely dispose of the Photos in relation to Deep Art Effects.

6. Obligations of the User

6.1. The User shall ensure that he/she has the necessary rights to have his/her photos processed via the Service.

6.2. The User is solely responsible for the photos he/she uploads to the Service and the processed photos. Deep Art Effects will not review the photos.

6.3. The User shall indemnify Deep Art Effects if third parties act against Deep Art Effects on the grounds that the processing of the photos or the processed photos violates their rights to the photo.

7. Change of the GTC

7.1. Deep Art Effects may amend these Terms and Conditions as follows if the proposed amendment is reasonable and not materially detrimental to the User: Deep Art Effects shall notify the User at least six (6) weeks before the amendment is to take effect. This information is provided either in the App or by email. The change shall be deemed approved if the User does not object by e-mail within four (4) weeks after notification. Deep Art Effects will specifically inform the User about this fact upon notification of the change. In the event that the User objects, Deep Art Effects shall be entitled to terminate the contract extraordinarily.

7.2. If a change is not permitted under clause 7.1, the change requires agreement between the parties in text form.

8. Remuneration and Terms of Payment

8.1. The purchase of a high-resolution digital copy of the Photo or the printing of a high-resolution digital copy of the Photo is subject to a charge; otherwise, the download, installation and use of the App and the use of the Service are free of charge: The current prices for the chargeable part of the Service and the payment options are displayed in the App.

8.2. Billing and payment for the Services subject to a charge shall be made either via the mobile phone bill or via the respective App Store.

8.3. In case of late payment, Deep Art Effects is entitled – without prejudice to its other rights – to charge interest at the statutory rate and to block or prohibit the use of the App and the Service by the User.

8.4. Since the fee-based Services are orders for goods individually created for the User (here: photos artistically processed according to the User’s specifications), the User has no right of revocation.

9. Warranty

9.1. Deep Art Effects does not assume any liability if the service (including the provision of the app) is free of charge.

9.2. In all other respects, the statutory warranty rights apply for a period of 12 months from the date of dispatch of the photos.

10. Liability

10.1. Unless otherwise stated in the following provisions, the parties shall be liable to each other in accordance with the statutory provisions. The following provisions shall apply to all claims for damages and reimbursement of expenses, irrespective of the legal basis.

10.2. Deep Art Effects shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art Effects, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).

10.3. If Deep Art Effects provides the Services free of charge, Deep Art’s liability is otherwise excluded.

10.4. Otherwise: As far as Deep Art Effects causes damage by the simple negligent violation of cardinal obligations, Deep Art Effects is liable for the contract-typical, foreseeable damage. Cardinal obligations are obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance of which the contracting party could rely regularly. Deep Art Effects’ liability is excluded in the event of a negligent breach of obligations other than cardinal obligations, notwithstanding Section 10.2.

11. Privacy Policy

For information on how Deep Art Effects processes the User’s personal data when providing the Services, please see the Deep Art Effects Privacy Policy under the following link.

Privacy Policy

12. Termination

12.1. The user can cancel the contract at any time by uninstalling the app.

12.2. The extraordinary right of termination for important reasons remains unaffected for both parties. Deep Art Effects can terminate the contract in particular if the user has not paid a due invoice despite reminder and expiration of a further period.

12.3. The termination must be in written form in order to be effective or can be declared via e-mail or, if Deep Art Effects terminates the contract, can be terminated via a notice in the App.

13. Miscellaneous

13.1. Amendments to the contract including collateral agreements must be made in writing in order to be effective, notwithstanding paragraph 7. Verbal collateral agreements are invalid.

13.2. The User shall not be entitled to set off any claims of Deep Art Effects or to assert any rights of retention, unless such claims are undisputed or have been finally determined by a court of law.

13.3. Unless expressly agreed otherwise in writing, the User may not assign any claims arising from the contract.

13.4. The contract is subject to German law. Exclusive place of jurisdiction is the registered office of Deep Art Effects in Germany.

13.5. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the original wording.

1. Subject of the Contract

1.1. Deep Art Effects GmbH (“Deep Art Effects”) provides cloud-based services (“DAE-Service(s)”) to end customers (“User(s)”).

1.2. Deep Art Effects offers its business partners (“Business Partners”) the opportunity to integrate the Deep Art Effects technology into their own software or services on the basis of these General Terms and Conditions (“GTC”) and provide it to their end customers.

2. Scope of Application

2.1. These Terms and Conditions apply to the services described herein (“Service(s)”) that Deep Art Effects provides to its business partners for integration into their software.

2.2. These terms and conditions apply exclusively to companies. A company in the sense of these GTC is a natural or legal person or a legally competent partnership, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2.3. Deep Art Effects provides all services exclusively on the basis of these GTC. Other conditions, in particular general terms and conditions of the business partner, do not apply.

3. Subject of Service

3.1. Deep Art Effects will provide the Business Partner with information regarding the connection of the DAE Services to their software or services (“Interface Service (s)”). The interfacing itself is not part of the interface service, but must be set up by the business partner. In addition, the Business Partner receives technical support in accordance with the relevant service descriptions.

3.2. Further descriptions of the Interface Services are described on the Deep Art Effects website. In case of contradictions between the service descriptions and the GTC, the GTC take precedence.

3.3. Deep Art Effects grants its business partners access to the Interface Services as part of a 14-day free test plan.

4. Ordering Process and Contract Conclusion

4.1. The Business Partner must first complete the registration process on the Deep Art Effects website and set up a user account. The Business Partner will be asked to provide their email address, a user ID (which may also be the Business Partner’s email address) and a password. The Business Partner may use the User ID and Password to log into and manage the Business Partner’s User Account at any time. Only the business partner may use the user account.

When registering, the business partner selects the desired basic term via access to the interface service (“Plan”). By clicking on the button “Order Payable” which then appears, and by electronically declaring his consent to these GTC, the Business Partner submits his binding offer to conclude the contract. Deep Art Effects accepts this offer at the same time, unless otherwise indicated in the order process. Before submitting his offer, the Business Partner may view and change the order data at any time. Using the “Back” button, the Business Partner can, for example, select a different plan or payment method or cancel the order completely. Deep Art Effects notifies the business partner of this possibility of change after selecting the desired plan and specifying the selected means of payment of the business partner. Deep Art Effects immediately sends the Business Partner an automatic contract confirmation stating the selected plan to the Business Partner’s e-mail address; the contract can also be retrieved from the User Account.

4.2. Within the framework of the 14-day free test plan, the contract is concluded as described in Section 4.1, with the proviso that the Business Partner must click on the corresponding “Test Plan” button.

4.3. In addition, Deep Art Effects offers its Business Partners the opportunity to order a plan individually tailored to the Business Partner. If the Business Partner wishes to make use of this option, a contract is concluded by an individual order of the Business Partner based on these GTC and a corresponding order confirmation by Deep Art Effects. Orders and order confirmations can also be validly declared by e-mail (as scanned and signed document in PDF format) (together with the legally defined written form, “written form”).

4.4. As soon as a contract has been concluded in accordance with section 4.1, section 4.2 or section 4.3 of these GTC, the API Key, Access Key and Secret Key will be activated for use.

5. Granting of rights

5.1. Deep Art Effects grants the Business Partner a non-exclusive, non-transferable, non-sublicensable right, limited in time to the duration of the selected plan, to integrate the DAE Service into its services (e.g. by integration into a web shop) and to provide it (as its own services) to its end customers.

5.2. The license under clause 5.1 is granted subject to the Business Partner offering the Integrated DAE Services on the basis of terms and conditions that do not fall short of the relevant Deep Art Effects Terms and Conditions (B2C) in terms of content and scope of protection. These “Deep Art Effects General Terms and Conditions (B2C)” are available online at www.deeparteffects.com

5.3. If Deep Art Effects provides the Business Partner with software (“Software”), the following shall apply:

5.3.1. Deep Art Effects grants the Business Partner a non-exclusive, time-limited, non-transferable, non-sublicensable, terminable and revocable right to integrate the Software (and available updates) into its print service (e.g. by integration into a web shop) and to use it to provide the DAE Services (as its own services) to its end customers.

5.3.2. The granting of rights refers exclusively to the object code. The business partner has no claim to the transfer and use of the source code. Deep Art Effects is not obliged to deposit the source code.

5.3.3. If Deep Art Effects provides the Business Partner with patches, updates and/or upgrades, the same terms of use shall apply.

6. Branding

The business partner will provide DAE services for its end customers under its own brand or label. The Business Partner is not entitled to use “Deep Art Effects” or any other trademarks belonging to Deep Art Effects.

7. Changing the GTC

7.1. Deep Art Effects may amend these Terms and Conditions as follows if the proposed amendment is reasonable and not materially disadvantageous to the Business Partner: Deep Art Effects shall notify the Business Partner at least six (6) weeks before the amendment is effective. This information will be provided in writing and the information by e-mail will be sufficient. The change shall be deemed approved if the Business Partner does not object by e-mail within four (4) weeks of notification. Deep Art Effects will specifically draw the Business Partner’s attention to this consequence upon notification of the change. If the Business Partner objects, Deep Art Effects shall be entitled to terminate the contract extraordinarily.

7.2. If a change is not permissible according to clause 7.1, the change requires an agreement between the parties in written form.

8. License Fee and Terms of Payment

8.1. Access to the Interface Services shall be provided in accordance with the terms and conditions of the selected plan, in particular with regard to term and license fee. The Business Partner can view these conditions during the entire ordering process.

8.2. If the Business Partner has ordered a plan individually tailored to the Business Partner, the remuneration shall be based on the provisions laid down in this Agreement.

8.3. The license fee for the term selected in the plan is due immediately and payment is made using the user’s credit card.

8.4. In the event of late payment, Deep Art Effects is entitled – without prejudice to its other rights – to charge interest at the statutory rate and to block or terminate the Business Partner’s access to the Interface Services.

8.5. The 14-day test plan is provided free of charge.

9. Term and Termination

9.1. The business partner can choose between different plans with different basic terms. The selected basic term of the plan is automatically extended by an extension term of the same length, unless the contract is terminated either by the business partner or by Deep Art Effects with a notice period of six weeks to the end of the basic term or the respective extension term (ordinary termination). Notice of termination must be given in writing (e.g. by e-mail or in the software application using the corresponding “Notice” button).

9.2. If the Business Partner has ordered a plan individually tailored to the Business Partner, the term and termination shall be governed by the terms and conditions set forth in this Agreement.

9.3. The extraordinary right of termination for good cause remains unaffected for both parties. Deep Art Effects may terminate the contract in particular if the Business Partner has not paid a due invoice despite a reminder and the expiration of a further period. In order to be effective, notice of termination must be given in text form (e.g. by e-mail).

9.4. The free test plan expires automatically after 14 days from granting access to the Interface Services.

10. Warranty

10.1. Deep Art Effects guarantees that the services to be provided comply with the service descriptions.

10.2. If the Business Partner is of the opinion that Deep Art Effects has not performed the Services in accordance with the contract, it shall immediately notify Deep Art Effects in writing in a form understandable to Deep Art Effects and stating relevant information.

10.3. Notwithstanding Clause 11, Deep Art Effects does not assume any liability insofar as the Interface Services are provided free of charge.

10.4. In all other respects the statutory warranty rights shall apply.

11. Liability

11.1. Unless otherwise specified in the following provisions, the parties shall be liable to each other in accordance with the statutory provisions. The following provisions shall apply to all claims for damages and reimbursement of expenses, irrespective of their legal basis.

11.2. Deep Art Effects shall be liable in accordance with the statutory provisions for damages caused intentionally or through gross negligence by Deep Art Effects, for injury to life, limb or health and for damages under product liability laws (which do not permit any contractual limitation of liability).

11.3. If Deep Art Effects grants access to the Interface Services free of charge, Deep Art Effects’ liability is otherwise excluded.

11.4. Otherwise: If Deep Art Effects causes damage through the simple negligent violation of cardinal obligations, Deep Art Effects shall be liable for the foreseeable damage typical for the contract. Cardinal obligations are obligations, the fulfilment of which is essential for the proper execution of the contract and on the compliance with which the contracting party could regularly rely. Deep Art Effects’s liability shall be excluded in the event of a negligent breach of obligations other than cardinal obligations, notwithstanding Clause 11.2.

11.5. The liability and warranty claims expire one year after the beginning of the statutory limitation period. This does not apply to the cases of Clause 11.2, to which the statutory limitation period applies.

12. Exemption

The Business Partner shall indemnify Deep Art Effects upon first demand against any legally enforceable claims made by end customers of the Business Partner or other third parties against Deep Art Effects on the grounds that the DAE Service has not been properly performed or infringes the rights of third parties. The same applies if the Business Partner has not integrated and provided the DAE Services in accordance with the contract and this is the basis for the claim of the end customer or other third parties.

13. Secrecy

13.1. The parties shall keep all trade and business secrets of the other party strictly confidential; the same shall apply to all other information, documents and data which are marked as confidential or for which the confidentiality arises from the circumstances (“Confidential Information”). This does not apply to information that (a) were already lawfully known to the receiving party without an obligation of confidentiality; or (b) were lawfully developed by the receiving party independently of the disclosing party.

13.2. The parties shall ensure that their employees and commissioned third parties also observe the duties of confidentiality and secrecy.

13.3. The obligation of confidentiality shall apply for the duration of the contract and shall continue to apply for a period of five (5) years after the end of the contract.

14. Privacy Policy

14.1. The parties shall observe the applicable data protection regulations applicable to them and shall oblige their employees employed in connection with the contract and its execution to observe data secrecy, unless they are already under a general obligation to do so.

14.2. As far as necessary in individual cases, the parties will make further data protection agreements.

14.3. The Business Partner shall in particular ensure that the collection and processing of personal data of its end customers within the scope of the printing service is carried out lawfully (e.g. if necessary, by obtaining legally effective consent from the end customer).

14.4. For information on how Deep Art Effects processes personal data in connection with its services, please refer to the Privacy Policy of Deep Art Effects under the following link.

Privacy Policy

15. Other

15.1. Amendments to the contract including collateral agreements must be made in writing in order to be effective, notwithstanding Clause 7. Verbal collateral agreements are invalid.

15.2. The Business Partner shall not be entitled to set off any claims of Deep Art Effects or to assert any rights of retention, unless such claims are undisputed or have been finally determined by a court of law.

15.3. Unless expressly agreed otherwise in writing, the Business Partner may not assign any claims arising from the contract.

15.4. Should one or more provisions of these GTC (or of the contract) be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the original wording.

15.5. The contract is subject to German law. The exclusive place of jurisdiction shall be the registered office of Deep Art Effects in Germany.