Non-binding translation, for information purposes only. This is a convenience translation of the German original. The German-language version is the sole legally binding and authoritative version of these General Terms and Conditions. In the event of any discrepancy, difference in interpretation or contradiction between this translation and the German version, the German version shall prevail. These Terms and any contracts based on them are governed exclusively by the laws of the Federal Republic of Germany.

 

Preamble

aisys media GmbH, represented by its managing directors Markus Bessler and Tim Koros and having its registered office at Ludwigstrasse 8a, 97070 Würzburg, Germany (‘aisys media’), provides a web-based software-as-a-service (‘SaaS’) solution at https://pollxpress.com (‘pollxpress’) enabling legal entities under private or public law (e.g. public bodies) (‘Companies’) to incorporate interactive polls, votes and elections into face-to-face talks and presentations at in-person or virtual events and conferences. Polls may also be conducted remotely and asynchronously over an extended period.

Depending on the plan selected, aisys media also offers additional paid packages. The maximum number of participants depends on the package booked.

aisys media also offers Companies a free plan with limited functionality, which may be used as the basis for subsequent paid upgrades. Depending on the plan selected, aisys media may provide an AI-powered chatbot (the ‘AI Chatbot’) to assist Customers in using the platform.

 

§ 1 Scope and Amendments

1. These General Terms and Conditions exclusively govern the contractual relationship between aisys media and the Customer in connection with the “pollxpress” portal described above. Any terms and conditions of the Customer that conflict with or depart from these General Terms and Conditions are rejected unless aisys media has expressly agreed to them in the particular case.

2. These General Terms and Conditions apply exclusively to business customers. For the purposes of these General Terms and Conditions, a business customer is a natural or legal person, or a partnership with legal capacity, acting in the course of its trade, business or independent professional activity when placing an order.

3. aisys media may amend these General Terms and Conditions at any time without stating reasons, particularly in response to changes in legislation, decisions of the highest courts or security-related technical developments, or in order to reflect new or amended services or arrangements for providing them. No such amendment will alter the principal contractual obligations (the existing scope of services and fees). aisys media will notify the Customer of any amendment in text form at least six weeks before it takes effect. The notice will explain the Customer’s right to object and the legal significance and consequences of failing to respond. An amendment that does not disadvantage the Customer or is required by mandatory law will be deemed accepted unless the Customer objects before it takes effect. In all other cases, and where a material amendment affects the principal contractual obligations, the Customer’s express consent is required. If the Customer does not consent, the contract will continue on its existing terms. Either party may, however, terminate the contract with effect from the proposed effective date of the rejected amendment. aisys media will draw the Customer’s attention to this right separately.

4. The contract will be concluded in English. aisys media may provide the Customer with versions in additional languages. These General Terms and Conditions and all contracts concluded by reference to them are governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods. If there is any difficulty in interpretation or inconsistency, the German-language version of the contractual documents will prevail.

5. All prices are quoted net in euros and are subject to statutory value added tax where applicable. Customers established in another EU Member State may be invoiced under the reverse-charge procedure if the statutory requirements are met. Customers established outside the EU may be invoiced without German VAT if the statutory requirements are met.

6. In the event of conflicts arising within the contractual relationship between the parties, the following order of priority shall apply:

a) individual agreements made at least in text form;

b) these General Terms and Conditions,

c) applicable law.

 

§ 2 Formation, Term and Termination of the Contract

1. A contract for use of the portal will generally be formed through the online self-service process as follows:

a) The Customer registers through the portal and creates a customer account. The Customer may initially book a Free Plan with limited functionality and subsequently add paid upgrades for specified terms (e.g. a one-off booking or a term of one or twelve months). A contract for a free service is formed during registration when the Customer accepts the Terms of Use and clicks the ‘Create account’ button. If the Customer orders paid services, the contract is formed when the Customer clicks the ‘Complete purchase’ or ‘Buy now’ button during the ordering process. The Customer will then receive a confirmation email containing their username and password, unless the Customer has instructed aisys media to set up and maintain the account.

b) Orders will not generally be placed using service vouchers, individual quotations or other offline methods. If expressly agreed in a particular case, aisys media may assist the Customer with registration or set-up by creating a user account manually. In that case, the contract is formed when the relevant plan is activated in the Customer’s account.

2. Following registration, the Customer will be sent the contract text and a link to these General Terms and Conditions by email. The Customer may also access them through their customer account at any time after the contract has been formed.

3. aisys media will begin providing the agreed services at the time specified when the contract is formed, the applicable plan description or the information displayed on the portal. Any time limit will be extended by the period during which aisys media is prevented from performing through no fault of its own. This applies in particular in cases of force majeure, strikes, pandemics or epidemics, or where the Customer fails to cooperate as required under § 6.

4. The agreement for use of the pollxpressFree licence is concluded for an indefinite term. The Customer may terminate it at any time without notice or any particular formality by deleting the user account in the account settings. This does not apply if the Customer has also ordered paid packages for which a pollxpressFree licence is required as the basis under § 2(6) of these General Terms and Conditions. If paid upgrades were booked during the period of use, they will expire in accordance with the model selected under § 2(5). The Customer may then continue using the Free Plan or delete the account.

5. Contracts for paid plans or upgrades booked through self-service are governed by the model selected when the contract is formed and identified in the service description. Where available, the following models are offered in particular:

a) One-off booking: Unless otherwise agreed, the contract has a fixed term of 30 calendar days beginning when the package is activated. It will not renew automatically and will expire at the end of the term without notice.

b) Monthly subscription: The contract is concluded for an indefinite term. The initial term is one month beginning when the package is activated. It will then renew automatically for successive periods of one month (each a ‘billing month’) unless terminated. The Customer may terminate the contract at any time with effect from the end of the current billing month. The right to terminate for good cause remains unaffected.

c) Annual subscription: The contract has a fixed term of twelve months beginning when the package is activated. It will renew automatically for successive twelve-month periods unless terminated on four weeks’ notice to the end of the relevant term.

Notice of termination under paragraph 5(b) or (c) must be given at least in text form. A notice period is met only if aisys media receives the notice of termination within that period.

6. If the Customer books a paid package or an upgrade through the portal and does not already have a pollxpressFree licence, an agreement for a free pollxpressFree licence will be made automatically. This licence serves as the basis for the paid package. When the paid package expires, the free pollxpressFree licence will remain in effect so that the Customer can continue to access historical reports. Those reports will remain available through the free pollxpressFree licence for at least three months after the paid package expires.

7. The Customer may upgrade a pollxpressFree licence to a paid package (or upgrade a paid licence to a more expensive licence) at any time by making the relevant booking in accordance with § 2(1). Downgrades are possible only by mutual agreement. When a licence is changed, the contractual relationship relating to the original licence will end when the contractual relationship relating to the new licence is formed in accordance with § 2(1).

8. Where aisys media provides services free of charge (e.g. pollxpressFree services), it may discontinue them at any time, without stating its reasons, on two weeks’ notice. Discontinuance does not entitle the Customer to an abatement of the price or damages, or create a right of termination.

9. aisys media may block a Customer’s account, particularly if the Customer:

a) breaches the General Terms and Conditions or applicable law and/or

b) has deliberately provided false information during registration and/or

c) infringes the rights of third parties and/or

d) misuses the services provided by aisys media and/or

e) otherwise gives aisys media good cause to do so.

Unless a prior warning is unnecessary in the circumstances, aisys media will warn the Customer before blocking the account.

10. The right to terminate the contract for good cause remains unaffected by this. Good cause shall be deemed to exist, in particular, if

a) the Customer ceases to make payments on a permanent basis and/or

b) the Customer is in default of payment of the invoice within the meaning of clause 5(3) of these General Terms and Conditions, and, in the case of monthly payments, the default already covers two consecutive payment dates, or, in the case of annual payments, the due date has passed and a corresponding reminder has been issued, and/or

c) an application has been made to open insolvency proceedings in respect of the Customer’s assets; and/or

d) the Customer fails to fulfil their duty to cooperate under these General Terms and Conditions within the specified time limit.

11. If a Customer’s account with aisys media has been blocked or the contractual relationship has been terminated for good cause, the Customer is not entitled to re-register.

 

§ 3 Services, Scope of Services and Place of Performance 

1. aisys media will make the web portal available for use over the internet for the agreed purpose. For the term of the relevant contract, aisys media will provide the Customer with the agreed portal in its then-current version over the internet, either for a fee or, under the pollxpressFree licence, free of charge. For this purpose, aisys media will host the portal on a server accessible to the Customer over the internet and provide an application that transmits audience interactions between the Customer and the server in real time.

2. The Customer may select and book any of the available packages. The scope of the contract and the services is determined by the package selected and/or the applicable documentation.

3. The specific scope of the services owed, including any restrictions on use of the portal, is set out in the descriptions available on the portal before the contract is formed and/or in individual agreements with the Customer.

4. For the term of the contract, the Customer is granted the right under § 8(2) to sublicense the service to the agreed extent and within the agreed functionality.

5. Where a Customer organises an event using pollxpress and invites participants, aisys media acts as a processor within the meaning of the GDPR. The Customer, as the organiser and a business, acts as controller within the meaning of the GDPR in relation to the participants. Where required, the parties will enter into a separate data processing agreement under Article 28 GDPR.

6. The Customer (organiser) and participants may access and use all services offered by aisys media through a current web browser on any device (tablet, smartphone or PC), without the organiser, moderators or participants having to use additional software. A continuous internet connection is required throughout. The Customer is solely responsible for ensuring that an internet connection is available and will bear all associated costs.

7. If new functionalities, including optional paid services, are added, the Customer will be notified in text form or through the portal and may decide whether to book those additional services.

8. The Customer is solely responsible for retaining the data and information required to use the portal and the resulting outputs, and must back up its data regularly using the available export functions.

9. Unless expressly agreed otherwise, aisys media is not required to provide support services. Where support services have been agreed, aisys media will act solely in an advisory capacity and does not guarantee any particular outcome. In particular, aisys media does not warrant that the services will achieve the outcome or objectives sought by the Customer. Where support is included, the following provisions apply:

a) The support services to be provided by aisys media to the Customer are determined by the individual agreements and these General Terms and Conditions.

b) Support requests must be submitted exclusively through the ticketing system provided within the platform. Support is not available by email or telephone.

c) aisys media will process support requests subject to its operational capacity, but does not undertake to meet any particular response, processing or resolution time.

d) When reporting a malfunction affecting the portal, the Customer must describe the problem in as much detail as possible, including the symptoms, operating conditions and any commands previously given to the device concerned.

10. If an AI-powered chatbot or other AI-powered tools (‘AI Tools’) are offered on the portal, aisys media is responsible only for making those tools available. The customer is advised that AI systems are based on probabilistic models and may produce inaccurate, incomplete or unsuitable results. Content generated by the AI Tools does not constitute professional advice. aisys media is not required to review any results, content or analyses generated by the platform for legal, factual or substantive accuracy, completeness or suitability for the Customer. The Customer is solely responsible for reviewing, evaluating and using generated content.

a) The AI Tools (including the AI Chatbot) are intended solely for general commercial purposes. They are not intended for use in high-risk areas within the meaning of Regulation (EU) 2024/1689 (the ‘AI Act’).

b) In particular, use in safety-critical infrastructure, healthcare, the assessment of individuals or any other high-risk area regulated by the AI Act is expressly prohibited unless aisys media has entered into a separate agreement in text form authorising their use.

c) The Customer must not use the platform or the AI Tools for any prohibited AI practice within the meaning of Article 5 of the AI Act.

d) The Customer will indemnify aisys media against all third-party claims arising from any use of the platform in a high-risk area or prohibited field of application in breach of the contract. The indemnity includes reasonable legal defence costs.

11. aisys media may expand or improve the services where this advances technical progress, appears necessary to prevent misuse, or is required by law. The Customer is not entitled to any particular configuration of the portal or its functionality. aisys media may modify or update the portal or its functionality at any time without notice to the Customer.

12. The Customer must register in accordance with § 4 before aisys media can provide the services. If expressly instructed by the Customer, aisys media will assist by creating a user account manually.

13. aisys media may use third parties to perform its obligations. In some circumstances, aisys media uses third-party software or services. Please note that in those cases, aisys media can provide its services only if the Customer accepts the applicable terms and installs the relevant software (e.g. video-conferencing software).

14. If aisys media is in default in providing a service, the Customer may rescind the contract only if aisys media fails to perform within an additional grace period specified by the Customer.

15. Unless an individual agreement or the nature of the services requires otherwise, the place of performance is the registered office of aisys media or the Customer.

 

§ 4 Registration

1. To register, the Customer must complete various mandatory data fields. This does not apply if aisys media exceptionally registers the Customer under § 3(13), second sentence, in which case aisys media will complete those fields.

2. Once aisys media has received the data entered by the Customer to register the user account, or has completed the registration itself, it will promptly send confirmation of receipt to the email address provided by the Customer, unless the Customer has instructed aisys media to set up and maintain the account.

3. A Customer (i.e. a user) may have only one account at a time. Each Company may create the number of user accounts agreed in the relevant order. The Customer must ensure that only authorised employees have access to those accounts and that they comply with these General Terms and Conditions.

4. Registration and the associated creation of the user account are free of charge.

 

§ 5 Prices, Payment Terms and Default 

1. The Customer undertakes to pay the agreed fees for paid licences and packages provided by aisys media.

2. Use of the Free licence is free of charge.

3. The amount of the fees and the billing arrangements are governed by the service descriptions displayed on the portal before the contract is formed, any individual agreements and/or these General Terms and Conditions. Unless otherwise agreed, fees for paid plans and upgrades are payable in advance for the entire agreed term. The Customer will be in default if payment is not made within 30 days after the due date.

4. Following payment in advance, aisys media will make the invoice available in the Customer’s account.

5. The Customer’s payment obligation is discharged when the amount due under the contract is credited to aisys media’s account. Payment may be made by credit card or PayPal.

6. Any objection to a statement of charges must be made to aisys media in text form. An invoice issued by aisys media will be deemed approved unless the Customer objects within four weeks after receiving it. The deadline is met if the objection is sent within that period.

7. If the Customer remains in payment default for two months and fails to meet its obligations, aisys media may withhold further services, suspend services in progress and rescind the contract with immediate effect or terminate it without notice.

8. If the contract is terminated early, the Customer must pay for the services provided by aisys media up to the date on which the relevant grounds for termination take effect, in accordance with the contract. This does not affect any statutory claims available to aisys media as a result of the early termination. Any claims under this paragraph 8 will be credited against such statutory claims.

9. aisys media is entitled to adjust the prices displayed on the portal website at any time with effect for future bookings. For packages already booked, the prices shown at the time of the respective booking shall apply.

 

§ 6 Customer’s Obligations to Cooperate 

1. The parties will cooperate in good faith. If either party becomes aware that any information or requirement, whether its own or the other party’s, is incorrect, incomplete, ambiguous or impracticable, it must promptly notify the other party and explain any foreseeable consequences. The parties will then seek a solution that fairly reflects their respective interests, where appropriate in accordance with the provisions governing changes to the services. The Customer’s obligations to cooperate arise in particular from the service descriptions available on the portal before the contract is formed, any individual agreements and/or these General Terms and Conditions. The Customer must also provide any other cooperation reasonably required by aisys media. The list of these obligations is not exhaustive. In particular, the Customer must provide the following assistance free of charge:

a) When entering into the contract, the Customer must provide complete and accurate information. At the start of the services, the Customer must provide all required or requested documents, data, content and other information in full and accurately, and must notify aisys media promptly of any changes.

b) The Customer must use the services and works supplied by aisys media solely for the purposes agreed in the contract.

c) The Customer is responsible for verifying that the commissioned services may lawfully be used. This applies in particular if the services provided by aisys media infringe competition, copyright, trade mark or data protection law, or any other legal requirement. The Customer must also obtain all consents and permissions required to process personal data and publish the relevant content.

d) The Customer must also ensure that any information, data, text or files supplied to aisys media for the agreed services do not breach any statutory provision or third-party right.

e) If the Customer uses the Auth module for online elections, it must ensure that the technical, legal and organisational requirements for a properly conducted election are met. In particular, it must ensure that:

• • • eligible voters have access to an internet-enabled computer capable of using the HTTPS protocol;
    • the legal requirements for the use of the portal as voting software are met and complied with, and
    • voters can clearly identify themselves when taking part in the election using the voting software.

f) The Customer undertakes not to share or make publicly available through the portal any content that:

• • • infringes third-party rights, including intellectual property rights and, in particular, copyright or personality rights, or otherwise breaches the law (including where such content is made accessible through a hyperlink or other link);
    • is discriminatory, racist, sexist, obscene, hateful or glorifies violence, or breaches any other provision of criminal law (including where such content is made accessible through a hyperlink or other link);
    • could harass, coerce or insult any third party;
    • contains viruses or other malicious software capable of damaging, covertly intercepting or deleting data or systems;
    • contains personal information without the required consent;
    • is used to facilitate junk mail, chain letters, unsolicited bulk messages, spamming, phishing, trolling or similar activity;
    • contains scripts, bots or other automated technology designed to access the software; or
    • otherwise infringes third-party rights, including data protection or personality rights, or any applicable law or regulation.

g) aisys media may monitor content for breaches of these provisions and may, in its discretion, delete infringing content in the particular case.

h) Unless expressly permitted, the Customer must not record, film, capture, take screenshots of or otherwise reproduce any talk, presentation, event or conference presented through the portal.

i) The Customer must ensure that any third-party service that may affect or relate to aisys media’s performance is provided on time and to the required standard, and that aisys media receives all necessary information and results in good time.

j) The Customer must keep its portal login details confidential, must not disclose them to third parties, and must take appropriate precautions to prevent unauthorised access to protected areas of the portal. The Customer must notify aisys media immediately if it suspects that an unauthorised person may be able to use an account. The Customer must also choose a sufficiently secure password containing at least eight characters, including letters and numbers.

k) Before entering data or information, the Customer must check it for viruses or other harmful components using up-to-date antivirus software.

l) Throughout the contract term, the Customer must ensure that suitably knowledgeable contact persons are available and willing to provide information.

m) If the Customer uses an AI Tool, it must carefully review all content generated by the tool before use and must require the relevant users within its organisation to do the same.

n) The Customer is responsible for training all employees who work with the AI Tools in accordance with the AI Act and any other applicable legislation.

2. If the Customer fails to cooperate as required, or does so only partially or incorrectly, aisys media may charge for the additional work caused as a result at the hourly rates agreed or displayed on the portal before the contract was formed, provided that the Customer is responsible for the additional work. The Customer may prove that the additional work was less extensive than claimed or was not required.

3. The Customer must ensure that authorised users of the portal are bound by this agreement. If the Customer or a user designated by it breaches these provisions using access supplied under the contract, aisys media may immediately suspend access for all of the Customer’s users without prior notice. After giving prior notice in text form, aisys media may also immediately delete any application data affected by the breach if this can demonstrably remedy it. If a public authority orders suspension to avert a danger, or suspension is necessary to avert a danger to aisys media, its Customers or other users, notice may be given after the suspension.

4. If the Customer fails to meet its obligations to cooperate within a reasonable period specified for that purpose, aisys media may terminate the contract for good cause. In that event, aisys media may claim all fees accrued up to the date of termination. Any further claim for damages remains unaffected.

5. If a third party asserts a claim against aisys media under the preceding provisions, aisys media will notify the Customer promptly. The Customer must indemnify aisys media against liability to that third party, assist in the defence of the claim and bear the reasonable defence costs, except to the extent that aisys media contributed to the matter giving rise to the claim.

 

§ 7 Liability and Warranty

1. The Customer is responsible for ensuring that neither the portal nor its functionality is used for any unlawful purpose or in breach of any official regulation or requirement, and that no data is created for any such purpose.

2. The Customer is entitled to statutory warranty rights in respect of any defects, unless otherwise specified in these General Terms and Conditions.

3. aisys media provides its services in accordance with the current state of the art and warrants that the portal will be functional and operational in accordance with this agreement. When providing the portal, aisys media will exercise the standard of care customary in the industry. Technical data, specifications and performance details in public statements, particularly advertising materials, do not constitute agreed specifications or guaranteed characteristics. The portal’s functionality is governed by the service description on the portal and any supplementary agreements made in text form.

4. aisys media warrants average annual server availability of 98.5%. It will not be liable for claims arising from temporary unavailability of the portal, particularly due to maintenance, provided that total downtime does not exceed 1.5% of the relevant calendar year and, where downtime exceeds that level, aisys media has not acted intentionally or with gross negligence. aisys media does not warrant server availability during maintenance windows announced in advance and scheduled outside normal business hours. Loss of server availability during those periods will not give rise to claims for damages, nor will fees be refunded for service interruptions caused by a fault outside aisys media’s control. aisys media does not warrant any minimum availability for free services.

5. aisys media’s liability for defects in the free services is limited to cases where aisys media fraudulently conceals a defect from the Customer. The Customer has no right to claim rectification of defects by aisys media in respect of free services. aisys media’s liability for defects in title relating to free services is limited to cases where aisys media fraudulently conceals a defect in title from the Customer in connection with the free services. Section 536a(1), first alternative, of the German Civil Code (BGB), which provides for a no-fault claim for damages by the Customer against aisys media, is excluded.

6. Liability for defects is excluded where a defect is caused by an external factor beyond aisys media’s control or by the Customer’s improper use. It is also excluded if the Customer or a third party alters or adds to aisys media’s services without express authorisation in text form. The Customer may, however, prove that the alteration or addition did not cause the defect.

7. aisys media is not liable for loss of data or programs to the extent that the loss is attributable to the Customer’s failure to make regular backups at intervals customary in the industry, for example by using the relevant export functions, so that lost data can be restored with reasonable effort, unless data backup is one of aisys media’s principal contractual obligations.

8. The Customer must report defects promptly. A report may initially be made orally but must be confirmed in text form by the end of the third working day. Only a suitably knowledgeable person may submit a defect report, which must include:

a) a precise description of the problem (error and expected behaviour)

b) a screenshot of the error message

c) a description of how the error can be reproduced

d) a relevant contact person for the issue

9. Before demanding cure of a defect, the Customer must exercise due care in determining whether a defect for which aisys media is responsible exists. If an alleged defect is not covered by the obligation to cure (an apparent defect), or if an inadequately detailed defect report causes aisys media to incur additional costs, aisys media may charge the Customer for its investigation and remedial work at the applicable rates, together with any expenses, unless the Customer could not have identified the apparent defect even by exercising due care.

10. The Customer must assist aisys media in identifying and curing the defect and must promptly provide access to all information needed to establish the specific circumstances in which it arose.

11. At aisys media’s discretion, cure may take the form of remedying the defect, supplying a defect-free program or other item, or explaining how the effects of the defect can be avoided. This does not affect any corresponding claims in unjust enrichment or damages. The Customer’s right to terminate the contract for failure to provide the contractually agreed benefit under § 543(2), first sentence, no. 1 BGB is excluded unless repair or replacement has failed. aisys media’s strict liability for defects existing when the contract was formed is disclaimed.

12. aisys media may also cure a defect by giving the Customer (who is a business) instructions orally, in text form or electronically.

13. Until the Customer has paid all fees due under the relevant contract, aisys media may refuse to cure a defect unless the Customer has a legitimate interest in withholding the outstanding amount.

14. The Customer is not entitled to remedy the defect itself.

15. The place of performance for subsequent performance is the registered office of aisys

16. aisys media may make at least five attempts to cure a defect within a reasonable period provided the customer is a business. Failure of the fifth attempt does not necessarily mean that cure has finally failed; depending on the deadlines and the circumstances of the particular case, aisys media may make further attempts.

17. aisys media shall be liable without limitation for damage caused intentionally or through its gross negligence, in the event of fraudulent concealment of defects, where a guarantee of quality has been given, for claims under the Product Liability Act, and for injury to life, limb or

18. For all other loss or damage, aisys media is liable only for breach of an obligation whose performance is essential to achieving the purpose of the contract (a cardinal obligation).

19. Where aisys media has been only slightly negligent, its liability is limited to the foreseeable loss or damage typical of this type of contract.

20. The above liability provisions also apply to aisys media’s vicarious agents.

21. To all further and other extents, liability is

 

§ 8 Rights of Use 

1. All content on the aisys media portal is protected by copyright.

2. The agreed rights to use aisys media’s services will pass to the Customer only when the agreed fees have been paid in full. Unless the underlying quotation contains a separate agreement on rights of use, the Customer is granted only a non-exclusive, non-transferable right to use the services for their intended purpose during the contract term.

3. Unless mandatory law requires otherwise, the Customer is not entitled to disclosure or transfer of the source code. As between the parties, all rights in the software vest exclusively in aisys media except to the extent expressly granted to the Customer under these General Terms and Conditions or another agreement. This contract does not transfer ownership, intellectual property rights or comparable rights in the software or its functionality. All intellectual property rights remain vested in aisys media notwithstanding the right of use granted under this licence agreement. In particular, the Customer acquires no rights in the source code.

4. Without aisys media’s prior authorisation in text form, the Customer must not use the portal or its functionality beyond the agreed scope or permit any third party to do so. In particular, the Customer must not sell, hire out or lend licences, packages or functionality.

5. If the Customer uploads copyright-protected works, it grants aisys media a non-exclusive right to use them within the aisys media portal for the intended purpose, limited in geographical scope, duration and content accordingly.

6. The Customer must ensure that any data, images, text or other content supplied to aisys media for the agreed services does not breach any statutory provision or third-party right. The Customer must indemnify aisys media against liability arising from a breach of this obligation and has no right of recourse against aisys media. aisys media is not required to review the Customer’s content for legal infringements.

7. aisys media may freely use and exploit, at its discretion, any developments and know-how arising from an order or further development work in connection with subsequent orders.

 

§ 9 Switching Providers and Data Portability

1. At any time, irrespective of any agreed minimum contract term, the Customer may switch to another provider of the same type of service or request the transfer of all exportable data and other elements, including applications, in which the Customer has a right of use (‘digital assets’) to the Customer’s own on-premises ICT infrastructure. The Customer must carry out the transfer using the automated self-service export and interface functions available on pollxpress. Annex 1 (Sections A and B) contains an exhaustive list of exportable and non-exportable data.

2. The Customer must give two months’ notice of the switch (the ‘Notice Period’). The period for transferring the data (the ‘Transition Period’) will not exceed 30 calendar days after the Notice Period expires. If this is not technically feasible, aisys media will notify the Customer within 14 working days, state its reasons and specify an alternative Transition Period of no more than seven months. The Customer may extend the Transition Period once by a reasonable period. The contract will continue unchanged during the Transition Period.

3. During the Transition Period, aisys media will provide reasonable support exclusively through the existing self-service functions and related documentation, exercise due care to maintain business continuity, notify the Customer of any known risks to uninterrupted service, and maintain a high level of security during data transfer and retrieval. aisys media does not guarantee a successful migration and is not required to provide individual, manual or project-specific migration support, functional equivalence, migration tools or technical assistance. It is not required to develop new technologies or disclose content protected by intellectual property rights or constituting a trade secret.

4. By the end of the Notice Period, the Customer must tell aisys media whether it is switching to another provider (and provide that provider’s details), moving to its own ICT infrastructure, or requesting deletion of its exportable data. With respect to the exportable data, the contract will terminate when the switch has been completed successfully or, if deletion is requested, when the Notice Period expires. aisys media will notify the Customer separately of the termination.

5. After the Transition Period ends, the Customer may retrieve its data through the self-service functions for 30 calendar days (the ‘Retrieval Period’). The security standard described in paragraph 3 will continue to apply. When the Retrieval Period expires, aisys media will delete all exportable data and digital assets generated directly by or relating to the Customer, provided that no statutory retention obligation prevents deletion and the switch has been completed successfully.

6. Data will be exported through the self-service functions in a structured, commonly used and machine-readable standard format. Until 12 January 2027, aisys media may charge reduced switching fees limited to the directly attributable costs; from 12 January 2027, no switching fees will be charged. Additional services (e.g. accelerated migration, special formats or individual assistance) are not included and, where offered, may be ordered separately for an additional fee.

7. If a switch before the end of the agreed contract term causes the contract to end early, the Customer must pay compensation equal to the outstanding fees for the remaining term. The Customer may prove that the loss was lower or did not arise, and any costs saved will be taken into account. A general description of the technical, organisational and contractual measures adopted by aisys media to prevent unlawful international governmental access is available at https://pollxpress.com/tom/.

 

§ 10 Bonus and Credits Programme 

1. As part of a bonus programme, aisys media may allow the Customer to earn bonus points (‘Credits’ or ‘PxP Credits’) and redeem them when booking paid licences and packages. The bonus programme is a voluntary additional service provided only while aisys media chooses to offer it. It is not part of the principal services owed and is not provided in exchange for a service from the Customer. The Customer is not entitled to the creation, continuation, particular design or availability of the programme. Its existence, suspension, amendment or termination will not affect any other contract between the parties and, in particular, will not constitute a defect or entitle the Customer to a price reduction, damages, rescission or termination.

2. One Credit has a net discount value of EUR 1.00, which may be applied to the fees for eligible paid licences and packages. Credits are solely an internal unit of account used to grant discounts; they are neither a means of payment nor electronic money. Credits may be used only within the pollxpress portal and only in transactions with aisys media. They cannot be paid out in cash, accrue interest or be exchanged for cash or any other monetary value, including when the user account is terminated, blocked or deleted. Credits are specific to the relevant account or Customer and cannot be transferred to another person or user account.

3. Credits will be awarded if the Customer meets the conditions of a promotion announced by aisys media (e.g. a campaign or event). The relevant promotion description published on the portal or in text form will specify the participating activities, the conditions for receiving Credits, the number of Credits awarded and any restrictions. The description in effect when the Customer participates will apply; if it does not state how many Credits will be awarded, none will be awarded. Credits are envisaged in particular for early registration before the portal launches (‘Early Bird’) and for a successful referral through a personal referral link. The Customer is solely responsible for contacting any person referred and must comply with § 7 of the German Unfair Competition Act (UWG). aisys media may offer further promotions but is not required to do so.

4. Credits may be redeemed only for paid licences and packages and will be applied to the net fee at EUR 1.00 per Credit; the balance must be paid in accordance with § 5. No more than the number of Credits specified in the relevant description on the booking page may be redeemed for a booking. If that description specifies no maximum, no more than 50 Credits may be redeemed per paid booking and no more than 50% of the booking price may be paid using Credits; the remaining 60% must be paid in accordance with § 5. Credits may be redeemed only up to the amount of the net fee; no difference will be paid out or credited. The amount actually payable will be shown on the invoice.

5. Unless the relevant promotion description provides otherwise, Credits are valid for 24 months from the date on which they are awarded. Any unused Credits will expire without compensation at the end of that period.

6. In the event of misuse or reasonable suspicion of misuse, particularly multiple or self-registration, fictitious organisations, disposable email addresses, automated registrations or circumvention of technical safeguards, aisys media may refuse to award Credits; revoke and remove, with retroactive effect, Credits obtained improperly; exclude the Customer from participation; and, in the event of a serious breach, block the user account in accordance with these General Terms and Conditions. aisys media may verify the conditions for awarding Credits both before and after an award and is not required to disclose its verification mechanisms. This does not affect any further legal claims available to aisys media.

7. aisys media may amend, suspend or terminate the bonus programme or any individual promotion, in whole or in part, at any time for an objective reason, particularly a technical, economic or legal reason or to prevent misuse. Credits properly acquired without misuse will remain unaffected and may be redeemed until they expire unless compelling legal grounds prevent this. aisys media will give appropriate notice of any amendment, suspension or termination.

8. The liability provisions in § 7 apply accordingly to the provision and operation of the bonus programme. Subject to those provisions, aisys media is not liable in connection with the bonus programme, particularly for technical faults, transmission errors or system failures, unless caused by an intentional or grossly negligent breach of duty by aisys media or its vicarious agents, or unless the matter involves breach of a material contractual obligation (cardinal obligation), injury to life, limb or health, or a claim under the German Product Liability Act.

 

§ 11 Force Majeure

aisys media is released from its obligation to perform in the event of force majeure. Force majeure includes all unforeseen events and any event whose effects on performance of the contract are beyond the control of either party. Such events include, in particular, pandemics, epidemics, lawful industrial action (including at third-party businesses) and measures taken by public authorities.

 

§ 12 Final Provisions

1. Exclusive jurisdiction for all disputes arising from or relating to the contractual relationship is vested in the courts at the place of aisys media’s registered office in Germany.

2. Any amendment or addition to the relevant contract must be made at least in text form to be valid.

3. The following annex forms an integral part of these General Terms and Conditions:
Annex 1 – Data Portability.

4. If any provision of this agreement is or becomes invalid during the contract term, the remaining provisions will remain unaffected and continue in full force. The invalid provision shall be deemed replaced by a valid provision that most closely reflects the purpose and intent of the invalid provision.

Version dated 24 August 2026

 

Annex 1 – Data Portability

Section A – Exportable Data Categories

When the Customer switches providers, the following data may be exported, depending on the scope of services booked and the export functions then available:

• Participant lists, including participant data entered by the Customer (e.g. CSV or XLSX)
• Voting results
• Election results
• Survey results
• Participant responses, insofar as they form part of the relevant analyses
• Analyses and reports in the export formats provided by aisys media (e.g. PDF, CSV or XLSX)

Section B – Non-exportable Data Categories

The following data categories will not be made available when the Customer switches providers:

1.  Internal system data

• Internal database structures and database relationships
• Internal object identifiers and references
• System parameters and configuration data
• Cache, queue and runtime data
• Operational, monitoring and log data
• Diagnostic data and error logs

2.  Security-related information

• Encryption keys
• Hash and salt values
• Authentication and session information
• API keys
• Certificates
• Security and access settings

3.  Trade secrets

• Source code
• Algorithms
• Software components
• Internal workflows
• Technical documentation
• Development and deployment information
• Other trade secrets of aisys media