Terms of Service

(1) These Terms apply to all features of the Platform, including the media directory, accounts and organisations, booking requests, project workspaces and chat, the BI² Concept Studio, the media assistant and paid memberships.

(2) The Platform is offered exclusively to businesses, public bodies and self-employed professionals acting in a commercial or professional capacity. It is not intended for consumers. By registering, you confirm that you are acting in such a capacity and that you are authorised to bind the organisation you represent.

(3) General terms and conditions of Users do not apply to the relationship with bi2MEDIA, even if we do not expressly object to them. Media Houses may make their offers subject to their own conditions, for example technical specifications, deadlines or cancellation terms. These conditions govern the contract between the Media House and the Advertiser if they are shown on the Platform before the booking request is sent. In the event of a conflict, A05(2) to (4), B03, C03 and C05 prevail over the Media House's conditions.

(1) bi2MEDIA provides a platform on which Advertisers can find advertising offers of Media Houses, request bookings and coordinate their implementation.

(2) Contracts for advertising services are concluded exclusively between the Advertiser and the Media House. bi2MEDIA is not a party to these contracts. We do not buy or sell advertising space in our own name and do not act as representative of either party unless this has been expressly agreed in writing.

(3) Each Media House is solely responsible for its offers and information, including formats, availability and reach figures, and for performing the bookings it has accepted. bi2MEDIA does not guarantee that an offer is available or that a booking will be accepted, performed or paid, and does not guarantee any reach, audience or commercial result.

(1) Registration requires a business email address and a password. Certain features, such as paid memberships and paid AI features, are only available after you have confirmed your email address.

(2) You must provide accurate and complete information and keep it up to date.

(3) Advertisers and Media Houses act on the Platform through organisations. An organisation can act as Advertiser, as Media House or as both. The Member who creates an organisation becomes its owner and manages its Members and their roles. The organisation is responsible for the actions of its Members on the Platform.

(4) You must keep your access data confidential and inform us without undue delay through our contact form if you suspect misuse.

(5) There is no entitlement to registration. We may refuse or remove accounts and organisations, in particular if a User does not act in a business capacity or provides false information.

(1) The directory shows the published offers of Media Houses that we have approved (A08).

(2) Which offers are shown depends on the search terms and filters you use, such as channel, country, language and industry. The results are listed in the order in which the offers were published, newest first. We currently do not accept any payment for a better position in the directory. Should this change, we will mark paid placements as such and update these Terms.

(1) Advertisers can collect offers and create a booking summary. The summary shows the prices and conditions applicable when it is created; a booking request can be sent on its basis within 14 days, unless the Media House changes the offers concerned or their price validity ends earlier, in which case a new summary is required. The summary is not an offer by the Media House.

(2) By sending a booking request, the Advertiser makes an offer to each Media House concerned to conclude a contract on the terms stated in the request, in particular product, quantity, schedule, price and the Media House's conditions. Until the request has been accepted, the Advertiser may withdraw it free of charge using the withdrawal function on the Platform; a request that has been withdrawn can no longer be accepted.

(3) The contract between the Advertiser and the Media House is concluded when the Media House accepts the request on the Platform. If the Media House requests changes instead, this is a new offer by the Media House, which the Advertiser can accept or decline.

(4) Items marked "on request" are non-binding enquiries. A contract for these items is only concluded once the Media House makes a concrete offer and the Advertiser accepts it.

(5) Nothing is charged before a request has been accepted. After acceptance, both parties receive the contact details needed to implement the booking. The booking is implemented, invoiced and paid directly between the Advertiser and the Media House. Unless the Media House's conditions provide otherwise, its invoices are payable within 14 days of receipt.

(6) The Media House records the progress of the booking on the Platform (scheduled, live, completed) together with evidence of the placement, such as a link or screenshot.

(7) Changes after acceptance require an agreement between the Advertiser and the Media House. The Advertiser may cancel an accepted booking in accordance with the cancellation terms shown in the Media House's offer or with the Media House's consent. At the request of either party, we record a cancellation on the Platform.

(8) bi2MEDIA is not liable for the performance, payment or conduct of Advertisers or Media Houses. We support the communication between the parties and may, at our discretion, help to resolve disagreements, without being obliged to do so.

(1) The features included in each membership plan, the fees and any free features are shown in the plan description or price list before purchase.

(2) Paid memberships are monthly subscriptions that are billed in advance through our payment provider Stripe. They renew automatically for another month unless they are cancelled before the end of the current billing period. You can cancel at any time in the billing portal of your account; access continues until the end of the paid period. Fees for billing periods that have already started are not refunded unless required by law.

(3) Memberships may include credits for paid AI features (A10). Credits are granted for each paid billing period, have no cash value, cannot be transferred or paid out and can only be used on the Platform. The number of credits, the usage limits and whether unused credits carry over are shown in the plan description. If an AI provider rejects a request before processing it, the credits reserved for that request are returned.

(4) If bi2MEDIA charges an Advertiser a service fee for a booking, the fee is shown before the booking request is sent and becomes due only once the Media House has accepted the request.

(5) Media Houses pay a commission for bookings concluded through the Platform in accordance with C06.

(6) All fees are net amounts. Value-added tax, sales tax or similar taxes are added where they are legally due; where the reverse-charge mechanism applies, the User is responsible for accounting for the tax. We issue invoices electronically. If a User is in default of payment, we may suspend paid features until payment has been received.

(7) We may change membership fees with at least 30 days' notice. The change applies from the first billing period after the notice period; you may cancel before it takes effect.

(1) For each booking, the Advertiser and the Media House share a project workspace with a chat and file exchange. bi2MEDIA administrators can read and post in the chat and access shared files in order to provide support, ensure security and handle reports.

(2) Files may be uploaded in the formats and up to the sizes and storage limits shown on the Platform. Media Houses can only access the files that the Advertiser has attached to their booking.

(3) Please do not share special categories of personal data, such as health data, or confidential information that you are not permitted to share.

(1) We review Media Houses, their titles and their offers manually before publishing them. We may reject, request changes to, pause or remove listings that are incomplete, misleading, outdated, unlawful or incompatible with these Terms, and inform the Media House of our decision and the reasons for it.

(2) Users must not publish or transmit any content on the Platform that is unlawful, infringes the rights of third parties, is misleading, discriminatory or harmful, contains malware or promotes illegal products or services.

(3) Anyone can report content that they consider unlawful or contrary to these Terms through our contact form (topic "Legal / report content"). A report should explain why the content is considered unlawful, state exactly where it can be found (for example the URL), contain the name and email address of the person reporting it and confirm that the information provided is accurate and complete to the best of their knowledge. We confirm receipt, review reports diligently and objectively, decide without undue delay and inform the person reporting of our decision.

(4) Depending on the case, we may remove content or block access to it, restrict its visibility, suspend or end access to individual features or accounts, or take no action. Our decisions are made by people; we currently do not use automated tools to moderate content. If we restrict content or accounts, we inform the affected User of the measure and the reasons for it, unless this would be unlawful or endanger the safety of others.

(5) Affected Users and persons who have submitted a report can object to our decision through the contact form within six months. We review the objection and inform them of the result. Their right to take legal action remains unaffected.

(6) After a prior warning, we may suspend for a reasonable period Users who frequently post manifestly unlawful content or frequently submit manifestly unfounded reports.

(7) Authorities, Users and other persons can contact us through our contact form (topic "Legal / report content"). We communicate in English, German and Spanish.

Users must not (a) access the Platform by automated means such as bots or scrapers, except through interfaces we provide for this purpose; (b) circumvent security measures or usage limits; (c) interfere with the operation of the Platform; (d) use contact details or other information received through the Platform for any purpose other than the respective booking, in particular not for unsolicited advertising; (e) register with false information or on behalf of others without authorisation; or (f) use the Platform in breach of applicable law, including advertising, competition, data protection and sanctions law.

(1) The Platform offers features based on artificial intelligence, including concept plans, texts, images, transcriptions, speech and concept videos in the BI² Concept Studio, the media assistant and, for Media Houses, the import of price lists. These features use AI models of third-party providers, currently Google and OpenAI.

(2) AI output is generated automatically. It may be inaccurate, incomplete or similar to output generated for others, and it is not legal, tax or financial advice. Cost estimates are non-binding. You must review all output before using it and are responsible for its use.

(3) You may only enter content that you are entitled to use. Do not enter special categories of personal data or confidential information that you are not permitted to share, and obtain the consent of every person whose voice you record.

(4) As between you and bi2MEDIA, you may use the output for your business purposes; we claim no rights in it. We cannot guarantee that output is protected by copyright or that it does not infringe the rights of third parties.

(5) Paid AI features require a membership with sufficient credits (A06) and a confirmed email address and are subject to the daily and monthly limits shown on the Platform. The media assistant can also be used without an account within reasonable limits.

(6) A request to BI² FILMWORKS for a film production sent through the Platform is a non-binding enquiry. A production contract is only concluded through a separate written offer, which is subject to the terms of BI² FILMWORKS published at bi2filmworks.com/terms.

(1) You retain all rights in the content you provide on the Platform, such as company information, offers, briefings, messages and files.

(2) You grant bi2MEDIA a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, technically adapt and transmit this content to the extent necessary to operate the Platform and to implement bookings. The licence is limited to the duration of your use of the Platform and, for content contained in booking records, messages and files exchanged with other Users, to the retention period stated in our privacy policy. Media Houses additionally permit us to display their names, logos and listing information in the directory and in communication about the Platform; they can object to the latter at any time.

(3) You warrant that you hold the necessary rights to your content and that it does not violate the law or the rights of third parties.

(4) We may use suggestions and feedback about the Platform without restriction and without compensation.

The Platform is provided as available. We strive for high availability but do not guarantee uninterrupted operation; maintenance, security measures and events beyond our control may cause interruptions. We may develop, change or discontinue features. We inform Users with paid memberships in advance of material changes that affect features included in their plan.

(1) Our privacy policy explains how we process personal data.

(2) Advertisers and Media Houses each act as independent controllers for the personal data they receive from each other through the Platform, such as contact persons and briefing contents. They may use this data only to implement the respective booking and must comply with applicable data protection law.

(3) Users must keep confidential all non-public information they receive from other Users through the Platform, such as briefings, campaign plans and non-public prices, and may use it only for the respective booking.

TO THE EXTENT PERMITTED BY LAW, THE PLATFORM, THE LISTINGS AND THE AI FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE". bi2MEDIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN PARTICULAR AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR THE ACCURACY OF INFORMATION PROVIDED BY USERS, INCLUDING REACH FIGURES AND PRICES.

(1) TO THE EXTENT PERMITTED BY LAW, bi2MEDIA IS NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, LOSS OF DATA OR DAMAGE TO REPUTATION, OR FOR DAMAGES ARISING FROM CONTRACTS OR DISPUTES BETWEEN ADVERTISERS AND MEDIA HOUSES.

(2) bi2MEDIA'S TOTAL LIABILITY ARISING FROM OR IN CONNECTION WITH THE PLATFORM IS LIMITED TO THE AMOUNTS THE RESPECTIVE ORGANISATION HAS PAID TO bi2MEDIA IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, BUT TO NO LESS THAN EUR 500.

(3) THESE LIMITATIONS DO NOT APPLY IN CASES OF INTENT, GROSS NEGLIGENCE OR FRAUD, TO INJURY TO LIFE, BODY OR HEALTH, OR WHERE LIABILITY CANNOT BE LIMITED BY LAW.

Users indemnify bi2MEDIA against all claims of third parties, including reasonable costs of legal defence, that arise from their content, their advertising or offers, their breach of these Terms or of the law, or from disputes with other Users. bi2MEDIA informs the User of any such claim without undue delay.

(1) The agreement on the use of the Platform runs for an indefinite period. A Member can end their own use at any time by deleting their account in the account settings; if they are the only owner of an organisation that has other Members, another Member must first become owner (we help with this on request). An organisation can end its agreement at any time through our contact form; its agreement also ends when its last Member deletes their account. Fees already due, commissions for bookings requested before the end of the agreement and bookings already accepted remain unaffected.

(2) bi2MEDIA may end the agreement with 30 days' notice by email. We may suspend or end the agreement immediately for good cause, in particular in the event of serious or repeated breaches of these Terms, false information, unlawful content, default of payment or risks to the security of the Platform or of other Users. Before we suspend or end the agreement, we inform the User of the reasons and give them an opportunity to respond, unless this would be unlawful or the circumstances do not allow it.

(3) When an organisation's agreement ends, its offers are paused and no longer shown in the directory, and it loses its verified status. Booking records, messages and files that other Users need, or that we must keep for legal reasons, are retained as described in our privacy policy. A11(2), A13, A15, A16, A19 and C06 continue to apply.

We may change these Terms for valid reasons, such as changes in the law, new features or security requirements. We inform registered Members of changes at least 30 days before they take effect, by email or on the Platform. An organisation may end the agreement before the changes take effect. If it continues to use the Platform after that date, the changed Terms apply. Changes to fees and commissions apply only to billing periods and booking requests after they have taken effect.

(1) These Terms and all claims in connection with the Platform are governed by the laws of the State of Wyoming, USA, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Overriding mandatory provisions that apply irrespective of the law chosen by the parties remain unaffected.

(2) The state courts located in Sheridan County, Wyoming, and the United States District Court for the District of Wyoming have exclusive jurisdiction. bi2MEDIA may also bring claims before the courts at the User's registered office. The parties will try to settle disputes amicably before going to court.

(3) If any provision of these Terms is or becomes invalid, the remaining provisions remain valid; the invalid provision is replaced by a valid provision that comes closest to its economic purpose. Users may only assign rights under these Terms with our prior written consent. We may transfer the agreement to an affiliated company or to a successor in the operation of the Platform.

(4) Notices to bi2MEDIA must be sent through the contact form or by post. We send notices to Users by email or on the Platform.

(5) These Terms may be published in several languages. In the event of discrepancies, the English version prevails.

The Advertiser is responsible for the accuracy of its booking requests and briefings and delivers the materials required for a booking on time and in accordance with the Media House's specifications.

The Advertiser ensures that its advertising and materials comply with applicable law, in particular advertising, competition, intellectual property, personality rights, data protection and product-specific regulations, and that it holds all necessary rights and approvals.

Bookings made through the Platform are commissioned advertising. When sending a booking request, the Advertiser confirms that the placement will be labelled as advertising. The Advertiser must not require a Media House to disguise advertising as editorial content.

The Advertiser pays the Media House directly for accepted bookings at the price stated in the booking request and in accordance with A05(5). bi2MEDIA does not collect payments on behalf of Media Houses.

Media Houses are admitted after review. The Media House confirms that it is entitled to sell the advertising space and services it offers and that its information is accurate.

The Media House keeps its offers complete, accurate and up to date, in particular formats, technical specifications, net partner prices (excluding VAT, with currency), availability, booking and cancellation conditions and reach figures together with their source and date. It names a contact person for the implementation of bookings who can be reached during business hours, ensures that it may share the contact person's details with us and with Advertisers, and informs the contact person about our privacy policy. It pauses or updates outdated offers without undue delay.

For each offer, the Media House states its net partner price. On this basis, bi2MEDIA sets the price shown to Advertisers (sales price) and shows it to the Media House before it accepts a booking. The Media House invoices the Advertiser the sales price stated in the booking request and must not charge more, unless the parties agree otherwise.

The Media House responds to booking requests without undue delay, normally within three business days, by accepting them, declining them or requesting changes on the Platform.

The Media House performs accepted bookings in accordance with the agreed terms, labels them clearly as advertising and keeps advertising separate from editorial content in accordance with applicable law. It records the progress on the Platform together with evidence of the placement (A05(6)) and informs the Advertiser without undue delay of any problems.

(1) For each booking concluded through the Platform, the Media House pays bi2MEDIA a commission equal to the difference between the sales price invoiced to the Advertiser (excluding VAT and after any agreed discounts) and the Media House's net partner price for that booking.

(2) The commission is earned when the Media House invoices the Advertiser. bi2MEDIA invoices earned commissions monthly; its invoices are payable within 14 days of the invoice date without deduction.

(3) No commission is payable for bookings that are cancelled before performance without a cancellation fee. If a cancellation fee is charged, a proportionate commission is payable on that fee. If the Advertiser does not pay despite reasonable reminders, the commission is reduced accordingly; it becomes payable as soon as the Advertiser pays.

(4) The commission is also payable if a booking that was requested through the Platform is concluded, extended or modified outside the Platform.

(5) On request, the Media House provides the information required to calculate the commission, in particular the invoiced amount and the invoice date.

The Media House can choose to receive booking notifications by email or through connected services such as Slack, Asana, HubSpot or its own webhook. At its instruction, we transmit the booking details required for the implementation, without prices, to these services. The Media House is responsible for the configuration of these connections and for the data it receives through them, keeps the access data confidential and can disconnect them at any time.