Terms and Conditions
1. Scope
These terms and conditions apply to all contracts between YARD and customers in connection with the use of all YARD products and services (e.g., available via www.yard.global), in particular event calendars, sponsorships, advertising, consulting, licensing agreements, partner formats, and other related services. Any differing, conflicting, or supplementary terms and conditions of the customer shall not apply unless YARD has expressly agreed to their validity in writing. These terms and conditions apply to contracts with businesses and consumers. For consumers, the mandatory statutory provisions of consumer protection law also apply.
2. Conclusion of Contract
(1) Offers from YARD are non-binding.
(2) A contract is formed upon written confirmation by YARD after payment by the customer. With respect to businesses, the contract is also considered formed if YARD does not issue a rejection within two weeks of the customer's payment. If a service initially provided free of charge becomes chargeable at a later date, the regulations for chargeable services apply accordingly from the date of payment; statutory consumer rights remain unaffected.
(3) Verbal agreements are only binding if confirmed in writing.
(4) For free services or services provided within the framework of an exchange or barter transaction, the contract is formed upon acceptance of these Terms and Conditions and commencement of use of the respective service.
3. Termination by the Customer
(1) Ordinary termination after conclusion of the contract is not permitted. The customer is obligated to pay the agreed order value in full, even if they do not utilize the service.
(2) Partial services already rendered (e.g., advertising placements, graphic design, promotional activities) are considered fully invoiced.
(3) The right to extraordinary termination for good cause remains unaffected.
(4) Refunds of fees already paid are excluded to the extent permitted by law. Statutory rights of withdrawal and cancellation for consumers remain unaffected.
(5) Private consumers have a statutory right of withdrawal for distance contracts, unless this is excluded by law. Details can be found in YARD's separate cancellation policy.
4. Termination by YARD
YARD reserves the right to suspend or terminate access to the services, in whole or in part, at any time, with or without prior notice, if YARD reasonably believes that the customer has violated these Terms and Conditions or applicable law, or if continued operation of the services is no longer reasonable for technical, legal, or economic reasons. In the event of termination, access to the services may be revoked; stored content may be deleted or anonymized in accordance with applicable legal regulations. The customer remains responsible for exporting or backing up their data independently before termination.
5. Prices and Payment Terms
(1) The prices stated in the order or order confirmation apply.
(2) Unless otherwise stated on the invoice, invoices are payable within 7 days of the invoice date without deduction.
(3) In case of late payment, default interest will be charged at the statutory rate.
(4) YARD retains all rights to the services rendered until full payment has been received.
(5) Services may be provided as a one-time payment, a fixed-term service, or an ongoing service with regular invoicing. Unless otherwise agreed, fees are payable in advance. The obligation to pay exists regardless of the actual use of the service.
6. Price Adjustments
(1) YARD is entitled to adjust prices for existing contractual relationships if cost factors relevant to pricing change. These include, in particular, personnel, infrastructure, licensing, hosting, security, and third-party costs.
(2) Price adjustments will be communicated to the customer in writing or via text message at least four weeks before they take effect.
(3) If the price increase exceeds 10 percent, the customer is entitled to terminate the contract with immediate effect at the time the price adjustment takes effect.
(4) Fees already paid in advance remain unaffected by price adjustments.
7. Provision of Services
(1) YARD will perform the agreed services to the best of its knowledge and belief.
(2) No specific outcome – such as a certain reach, number of participants, or increase in revenue – is guaranteed.
(3) In the event of force majeure or other circumstances beyond YARD's control, YARD may postpone or adjust agreed deadlines, services, or service components. In this case, the contract remains valid.
(4) YARD is entitled to further develop, modify, or adapt services, provided that the purpose of the contract is not substantially impaired.
(5) YARD is entitled to temporarily or permanently restrict, modify, or discontinue services if there are objective reasons for doing so. These include, in particular, technical advancements, security requirements, economic reasons, or changes to the product portfolio. There is no entitlement to the continued provision of individual functions or services, provided that the overall purpose of the contract is maintained.
(6) If YARD permanently discontinues a service, YARD is entitled to switch the customer to a successor service or an alternative product from YARD or an affiliated company that is comparable in content, provided that the essential purpose of the contract is maintained. (7) YARD is entitled to rename products, services, or service components, as well as to adjust designations, titles, descriptions, representations, technical identifiers, access addresses, domains, subdomains, URLs, endpoints, and other organizational or technical assignments. YARD is also entitled to change the type, scope, and technical design of access to services, in particular access methods, authentication procedures, user roles, access restrictions, or usage limits, provided that the essential purpose of the contract is thereby preserved.
(8) YARD does not guarantee a specific number, availability, or timeliness of content unless expressly agreed to by YARD in writing.
(9) The type, scope, and content of the respective services are defined by the service descriptions, product presentations, or offer documents provided by YARD that are valid at the time the contract is concluded. YARD is entitled to provide, amend, or supplement such service descriptions, provided that the essential purpose of the contract is thereby preserved.
8. Service Availability and Maintenance
Services may be temporarily unavailable due to maintenance, technical malfunctions, updates, security measures, or circumstances beyond our control. Uninterrupted service availability is not guaranteed; a Service Level Agreement (SLA) exists only if expressly agreed upon in writing. Planned or unplanned maintenance, updates, or changes may result in temporary restrictions or interruptions without prior notice.
9. Use of Logos and Materials
(1) Each party grants the other a simple, non-transferable right to use logos, names, and provided materials solely for the purpose of executing and promoting the respective contractual relationship and the associated services, unless otherwise agreed in writing.
(2) Any use that damages the reputation of the other party or creates an inappropriate context is prohibited.
(3) The transfer or sublicensing of logos and materials to third parties is not permitted unless expressly agreed in writing.
(4) The customer warrants that they possess all necessary rights to the content they provide (e.g., logos, photos, texts). They shall indemnify YARD against all third-party claims in this respect.
10. Data Rights
(1) All content, data, databases, structures, compilations, and representations provided by YARD are protected by copyright or other intellectual property rights. The customer receives only a simple, non-exclusive, non-transferable, and non-sublicensable right of use, limited to the contractual use within the scope of the respective service, unless otherwise confirmed to the customer directly by YARD in writing. Transfer to third parties, resale, reproduction, modification, public dissemination, or any other use beyond the agreed purpose is prohibited.
(2) The customer grants YARD a simple, unrestricted right of use, in terms of territory, time, and content, to all content and data entered, uploaded, imported, or otherwise provided by the customer, as the data becomes part of the platform. This includes, in particular, the right to store, reproduce, process, structure, analyze, publish, distribute, edit, combine with other data, and delete the content and data, insofar as this is necessary for the operation, further development, distribution, aggregation, presentation, or marketing of the platform and the services offered. The customer warrants that they are authorized to grant these rights. This right of use continues even after the termination of the contractual relationship.
11. Liability
(1) YARD is liable for intent and gross negligence, as well as for damages resulting from the breach of essential contractual obligations.
(2) Liability is limited to foreseeable damages typical for this type of contract.
(3) The customer is solely responsible for content provided by the customer (e.g., logos, presentations, advertising materials).
12. Term and Renewal
(1) Contracts for ongoing services or programs have a fixed term of 12 months unless otherwise agreed in writing.
(2) The contract will automatically renew for the originally agreed term unless terminated in writing at least three months prior to its expiry, provided this is legally permissible.
(3) One-off services have no fixed term. Renewal or re-provision of services will only occur if expressly agreed upon.
13. Retention of Title and Usage Rights
(1) All services, materials, and work results provided by YARD remain the property of YARD until full payment has been received.
(2) Rights of use to the services provided are transferred to the customer only after full payment of the agreed fee.
(3) Before payment, the customer may not modify, reproduce, distribute, or publish the services.
(4) YARD is entitled to prohibit further use by the customer until full payment has been received.
14. Final Provisions
(1) Amendments or additions to these Terms and Conditions must be in written or electronic form.
(2) The laws of the Federal Republic of Germany shall apply, and the place of jurisdiction is Frankfurt am Main.
(3) YARD is published by Gateflow GmbH, Platz der Einheit 2, 60327 Frankfurt am Main, Germany.
(4) Amendments to these Terms and Conditions will be communicated to the customer in writing or electronic form. They shall be deemed accepted if the customer does not object within four weeks of receiving the notification. YARD will expressly inform the customer in the notification of amendment of the objection period and the consequences of failing to object.
(5) YARD is entitled to transfer this contract, in whole or in part, to a company affiliated with YARD or to a third party as part of a restructuring, asset deal, or sale of the company. The customer hereby grants its consent. The transfer may not result in any material deterioration of the contractually agreed services for the customer. In the event of a timely objection, YARD is entitled to terminate the contract with due notice at the earliest possible date.
(6) The contract language is German. The German version of these Terms and Conditions is the sole authoritative version. Translations into other languages are provided for convenience only and are not legally binding. They accurately reflect the content of the German version to the best of our knowledge.
(7) All services provided by YARD are subject to ongoing development. To the extent permitted by law, no warranty of any kind is given.
(8) The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
(9) The current version of these Terms and Conditions, the cancellation policy, and any service descriptions can be found at https://www.yard.global/terms. The version in effect at the time of contract conclusion is authoritative.
(10) Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.