Status February 2024

These special terms of use replace all previous versions and supersede them. The above General Terms and Conditions of Interlake Media GmbH also apply.

1 Area of application

1.1 General scope of application

These terms of use are a legal agreement between the person or company ("you" or "customer") who registers for access to use Nextcreate and Interlake Media GmbH. Business relationships established via this website are subject to German law. The place of jurisdiction is the registered office of the respective contracting company. Our contractual partners are also subject to the contractual terms and conditions. If you do not agree with these terms and conditions (as defined below), please do not use the services or software programmes. If you use the websites, web-based applications and products, support, discussion forums or other interactive areas, services or services including, without limitation, mobile apps (including offline-enabled apps), desktop applications, sample files and content files (see definitions below), scripts, command sets and related documentation (collectively, "Software" or "Software Programs") within Nextcreate or any website operated by Interlake (the "Website"), you agree to be bound by our Terms of Use, including the Website Terms of Use, Privacy Policy and all other legal notices, disclaimers and policies contained on this Website ("Specific Terms of Use"). By visiting or using the Website, you confirm that you accept the Terms of Use in full. If you do not accept the Terms of Use, you must immediately stop visiting or using our Website or stop using the Software and Services. If you have agreed to the Nextcreate Contract and Cancellation Terms, these are also considered part of the Terms. You agree not to use Interlake's website or services and software for any purpose that is unlawful or prohibited by the Terms. Interlake reserves the right to change the Terms of Use at any time, and your continued use or revisiting of the Site after any such change shall be deemed to constitute your renewed acceptance. The publication of the versioning takes place online and is therefore deemed to be notification. When you visit our website, purchase or enquire about our services or products from the manufacturers with whom we work, you also confirm that you accept our terms of use. The use of Nextcreate is authorised exclusively for commercial purposes, but not for private individuals. Use of the mobile app functions without registration for private users is therefore not excluded.

1.2 Description of the service

Nextcreate software and services (hereinafter also referred to as "service") include a browser-based authoring tool for the provision of content and correlation to analogue or digital anchors, as well as other services such as apps (iOS and Android) for participants. The list of functions will be expanded from time to time.
The Service allows Users to do some or all of the following: upload, modify, edit, view online content (e.g., in the form of text, images, videos, 3D models or URL links), participate in online courses, connect with other Users, set learning objectives, design and/or administer courses/tests, offer courses/tests for sale, and use goods and services offered by Interlake or third parties (each, a "Third Party"). Unless expressly stated otherwise, any new features that augment or enhance the Service are subject to these Terms of Use. The Service may not be used for any purpose not expressly authorised in these Terms of Use. You may not reproduce, copy, duplicate, sell or resell any portion of the Service except as expressly authorised by these Terms of Use.
The Service is hosted on one or more servers and cloud services that are either owned or used by us and that you or your Participants can access via the Internet.

2 Object of the contract  

2.1 Choice of law and contracting parties

Your contractual partner is Interlake Media GmbH. Your contractual partner (hereinafter referred to as "Interlake") and the Terms shall be governed by and construed and interpreted in accordance with German law, unless overridden by local law.
You and Interlake are independent contractors. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.  
Without limiting other representations and warranties in these Special Terms and Conditions, you represent and warrant to us that: (i) you have full power and authority to enter into these Special Terms and Conditions on behalf of the entity for which you work, as applicable, (ii) you are not listed on any list of persons or parties subject to interdiction under any jurisdiction, (iii) you are not located in and will not access and use this Service from any country that is on the U.S., EU or any other authority's export list. You also agree that you have the necessary skills and qualifications to competently use the Service in accordance with these Special Terms and Conditions.  

2.2 Additional conditions

Nextcreate is licensed to you, not sold.
Subject to the provisions of these Special Terms and Conditions and your payment of the Fees, we grant you the non-exclusive, non-transferable, limited right to remotely access and use the Service solely for your own business purposes, but not for private purposes. We also grant you the right to enable your participants (e.g. users of the Nextcreate Mobile Apps) to remotely access and use the content (e.g. trainings, courses, exams, assessments and quizzes) that you have created and uploaded through your use of the Service ("Content"). We do not grant you (i) the right to allow any person or entity other than Participants to access and use the Services, (ii) any right to access and use the Services outside of your own business purposes.

2.3 Enterprise or business users

If you have received an "Entitlement" (which is defined as the right to use and access the Services and Software) from an organisation or group, including but not limited to a business or other commercial entity, government entity, non-profit organisation or educational institution (each an "Enterprise") under an Enterprise User Subscription, then (A) you are an "Enterprise User" or "Business User" of such Enterprise; (B) your profile associated with such entitlement is a "Company Profile"; and (C) all references to "you" in these Terms mean such Company or, as applicable, its Company Users. its Enterprise Users, as applicable. If you are an Enterprise User, you agree that by virtue of your authorisation from such entity (1) Interlake may provide such entity with the ability to use, access, remove, retain and control your Enterprise Profile and all content therein, whether uploaded or imported before or after the date the Terms were last updated; (2) your use of the Services and Software is subject to such entity's agreement with Interlake; and (3) Interlake may share your personal information with such entity. If you are an enterprise user with permissions from multiple companies, separate company profiles are associated with each company. As an Enterprise User, you may have other contracts with or obligations to a Company that may affect your Company Profile or Content. Interlake is not responsible for any breach of such contracts or obligations by you.  
Nextcreate is not licensed to private individuals, but exclusively to corporate users.

2.4 Company e-mail domains

As an enterprise user, you can create a Nextcreate account using an email address provided or assigned to you by an organisation (e.g. your business email address). If the company establishes a direct relationship with Interlake, they may wish to add your account to such relationship. In this case, the Company may transfer your account to the Company's account upon prior notice from the Company or Interlake. This means that Company may (A) access the account; (B) take control of the account and all content contained therein, whether saved, uploaded or imported before or after the date the Terms were last updated; and (C) recommend that any non-Company content associated with that account be moved to a new account that uses an email address not associated with that company. In this case, you acknowledge that Interlake may share with that company your personal information such as your name or email address and authorisation information (including sharing information with an administrator of your company). For information about storage and access to content and how to change the email address associated with your account, please see Chapter 3. Interlake may share information about the company, such as the administrator's name or email address, with a company user.  

2.5 Updates to the conditions

Interlake may make changes to the Terms from time to time. In this case, Interlake will notify you by revising the date at the top of the Terms.
Such changes will not apply to any dispute between you and Interlake that arose prior to the date on which the revised Terms incorporating such changes are posted or otherwise become effective. You should review the Terms regularly. Unless otherwise stated, the revised Terms are effective immediately and your continued use of our Services and Software confirms your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services and Software and, if applicable, cancel your subscription.

3. data protection

This Privacy Policy describes how Interlake Media GmbH (hereinafter referred to as "Interlake") handles your personal data, including the way in which we contact you, and is an integral part of our Terms of Use.
We attach great importance to data protection. The collection and processing of your personal data is carried out in compliance with the applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR).
Interlake recognises that as a visitor to our website and apps and as a customer of our products and services (hereinafter "Customer"), you want to know in detail how your personal and company data is collected, used, disclosed, transferred, stored and shared. Interlake makes every possible effort to protect your personal data. This policy will be subject to change to keep it up to date. If you have any questions about this privacy policy or our handling of your data, please send an e-mail to privacy@interlake.net or write to us at the address given in the legal notice.  

3.1 Consent to our privacy policy

By visiting our website, purchasing, enquiring about or licensing our services or products, you confirm that you accept our practices and policies in this Privacy Policy and you consent to us collecting, using and sharing your information in the ways described below. If you do not accept the Privacy Policy, you must immediately stop visiting our website and using our products or refrain from enquiring about our products and services.

3.2 What data do we collect and how is it used?

‍3.2.1 Websites and Android/iOS apps without login

‍Our website and our apps can generally be visited without registration. Data such as pages accessed or the name of the file accessed, date and time of access are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. No data will be passed on to third parties without your consent.
The Nextcreate software and services do not collect or share any user data and do not use advertising IDs. Only the camera function is used to activate and display the augmented reality content. Some of the apps refer to pages of the Interlake website, for which the general information provided on this page applies.
When you visit our website, you are not obliged to disclose any personal data. However, if you contact us via our contact forms, you must disclose some personal data (subject to data minimisation) so that we can process your enquiry.

3.2.2 Android/iOS apps

‍If you use our mobile apps, you have two options for providing participants with content:

1. anonymous use of the apps: No personal data about you will be disclosed.
2. registration of participants: In this case, you must disclose some personal data (subject to data minimisation) so that we can process your request.
In this case, we collect the following data:
- User name (required)
- E-mail address (required)
- Password (required, is only stored encrypted in Azure B2C)
- Company name Country where your company is located (required)
- Preferred language
- User data, including the activities in your account and the content you have created

3.2.3 Authoring tool

‍When using the free trial period or purchasing a licence, you will receive initial access to our author portal. The following data must be entered in order to use the portal:  
- User name (required)
- E-mail address (required)
- Telephone number (required)
- Password (required, but we encrypt your password so that it cannot be read by us or others)
- Company name and address Country where your company is located (required)
- Payment information (transactions for paid subscriptions) and billing and subscription information
- Preferred language
- User data, including the activities in your account and the content you have uploaded or created
- Cookie ID

3.2.4 Personal data and special categories of personal data

‍The term "personal data" refers to all information that you provide to us and that can be used to identify you personally. This includes, for example, your name, email address, company, address, telephone number and other information about you and/or your company. This may also include publicly accessible information and data available on the internet, for example via websites such as Facebook, LinkedIn, Twitter and Google.
You agree not to collect, process or store any Special Categories of Personal Data (as defined below) with the Services and Software except as (A) directly authorised by Interlake, (B) intended by the Services and Software, or (C) governed by the Additional Terms, if applicable. You agree not to transfer, disclose or otherwise make available any Special Categories of Personal Data to Interlake or any third party provider of Interlake. "Special Categories of Personal Data" means an individual's financial information, data about an individual's sexual behaviour or orientation, medical or health data protected under health data privacy laws, biometric data (for the purpose of uniquely identifying an individual), and children's personal information protected under laws protecting the data of minors (e.g., via the "U.S. Privacy Shield"). For example, through the U.S. Children's Online Privacy Protection Act ("COPPA"), and any other types of information covered by this or a similar term (such as "confidential personal information" or "sensitive personal information") used in applicable data protection or privacy laws. If you are a business, you also agree to ensure compliance with this section by business users.
It is your responsibility, and you warrant, to comply with applicable data protection laws in relation to personal data created or uploaded to the Service. This includes, without limitation, ensuring that Participants have a legal reason (e.g. valid consent where required) for submitting the Personal Data and ensuring that Participants meet the legal age for submitting their Personal Data.
We use your personal data for the following purposes:
- So that you can create and manage an account (user name/profile name, e-mail address)
- So that you can see your account activity and the content you have created
- To protect your account (password)
- To send you an e-mail confirmation of your order
- To be able to process your order and payments
- To know in which country you are located, for billing purposes, to know your time zone for support purposes and to identify the country code of your phone number (your country or the location of your company)
- In order to be able to offer you our services
- For administrative and tax purposes To be able to send service emails
- To keep you informed by e-mail about our services and/or our company
- To be able to communicate with you and support you
- To improve our services and user-friendliness (surveys)
- To learn more about visitors to the website and to improve the user-friendliness of our website  
- To find out more about our customers and how they use our services
- To maintain a business relationship with our customers

3.2.5 Navigation data

‍This is data about your computer or another device you use and your visits to the iOS and Android mobile apps as well as our website, e.g. IP address, date and time of the request, content of the request (specific page), access status/HTTP status code, amount of data transferred in each case, website from which the request comes, user's operating system, language and version of the browser software. This data is only stored temporarily for a short time in the log files of our system. Storage beyond this is possible, but in this case the IP addresses are partially deleted or anonymised so that it is no longer possible to identify the calling client. Such navigation data may therefore contain personal data.
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3.2.6 Manufacturer

‍Our portfolio and our website contain products whose manufacturers we are not ourselves. This means that we have to share the necessary customer data with these manufacturers so that we can process your enquiries. As a result, the terms and conditions of the following third-party providers may also apply to you.
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Data protection - Microsoft data protection

Corresponding agreements have been concluded with all manufacturers, which also ensure data protection in accordance with EU law.

3.2.7 Customer references and quotes

‍We will only publish customer references on our website, which may also contain personal data, with written consent.

‍3.2.8 Newsletter

‍If you have consented to receiving the Nextcreate or Interlake newsletter, we will use your e-mail address and, if applicable, your name to send you information and news. In particular, we process your e-mail address and your name for the purpose of sending you the newsletter.

Our newsletter contains links and graphics that show us whether the newsletter has been opened in an e-mail programme and whether links have been clicked on. This serves to improve our offer and quality assurance. You can object to this usage analysis by unsubscribing from the newsletter.
You can revoke your consent to receive the newsletter at any time with immediate effect, e.g. by sending us an email to privacy@interlake.net or by using the cancellation option at the end of each newsletter. This will result in the deletion of the user data collected or the corresponding feature in your customer master data.

3.2.9 External websites

‍Our website may contain links to other websites operated by third parties. Interlake has no control over their content and practices and assumes no responsibility for it. This Privacy Policy does not apply to these other websites, which have their own terms and policies.

3.2.10 Use of cookies

‍Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user accesses a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the accessing browser can be identified even after a page change. The user data collected by technically necessary cookies is not used to create user profiles.
The legal basis for the processing of personal data using cookies results from Art. 6 para. 1 lit. f EU GDPR (legitimate interest). The legitimate interest lies in the purpose of simplifying the use of websites for users. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the browser is recognised even after a page change.

3.3 Disclosure of data to third parties

Interlake customer data is not sold to third parties. No personal data will be passed on without consent, unless:
1. we are legally obliged to do so.
2. to fulfil contractual services for Interlake customers and/or to enforce rights and obligations arising from our GTCs or the contractual relationship between the customer and Interlake.
3. In order to fulfil the services offered, it may be necessary for us to use the services of third parties. In this case, data may be passed on.

3.3.1 Hubspot

‍We use the service provider Hubspot to process your enquiries and to document customer communication. Hubspot's privacy policy can be found here: HubSpot Privacy Policy. In addition, we have concluded an AV with the service provider.
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3.3.2 Consent Manager

‍We use Consent Manager (information on data protection: Privacy policy - consentmanager) to manage our cookies. In addition, we have concluded an AV with the service provider. We use the following cookies:

3.4 Storage and protection of personal data

‍3.4.1 Storage of personal data

‍Unless specifically stated, we only store your personal data for as long as is necessary to fulfil the purposes pursued. We then delete this data in a secure manner.

3.4.2 Security of personal data

‍We use a range of security technologies and procedures to protect your personal data from access, use or disclosure by unauthorised persons. Our servers are located in a secure and controlled environment that is protected from unauthorised access. To this end, Interlake has implemented numerous technical and organisational measures to ensure the maximum possible protection of your personal data.  

3.4.3 Transfer of personal data

‍As an international organisation, we may transfer, receive and access personal data from around the world, including the European Union and the United States. This Privacy Policy applies even if we transfer personal data to other countries. Interlake conducts its business in accordance with European law and maintains strict privacy and data controls to protect your personal data and ensure its security during international transfers and storage in foreign locations.

3.4.4 Disclosure of personal data

‍If we are required to do so by law, or if we believe on reasonable grounds that the use or disclosure of your personal information is necessary to protect our rights and comply with applicable law, court order or legal process, we reserve the right to disclose your personal information. We may also disclose information about you if it is necessary to enforce our terms and conditions.

3.5 Your rights as a data subject

Under the applicable laws, you have various rights regarding your personal data. If you would like to assert these rights, please send your request to the contact details given at the beginning.  

3.5.1 Right to confirmation and information

‍You have the right to obtain confirmation from us at any time as to whether personal data concerning you is being processed. If this is the case, you have the right to obtain information from us free of charge about the personal data stored about you, together with a copy of this data. You also have the right to the following information:
1. the purposes of processing;
2. the categories of personal data that are processed;
3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
5. the existence of a right to rectification or erasure of personal data concerning you or to restriction of processing by the controller or a right to object to such processing;
6. the existence of a right of appeal to a supervisory authority;
7. if the personal data is not collected from you, all available information about the origin of the data;
8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you.
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If personal data is transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR in connection with the transfer.

3.5.2 Right to rectification

‍You have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes, you have the right to request the completion of incomplete personal data - also by means of a supplementary declaration.

3.5.3 Right to erasure ("right to be forgotten")

‍You have the right to obtain from us the erasure of personal data concerning you without undue delay and we are obliged to erase personal data without undue delay where one of the following grounds applies:
1. the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
2. you withdraw your consent on which the processing is based according to point (a) of Article 6(1) GDPR, or point (a) of Article 9(2) GDPR, and where there is no other legal ground for the processing.
3. you object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR.
4. the personal data have been processed unlawfully.
5. the deletion of personal data is necessary to fulfil a legal obligation under Union law or the law of the Member States to which we are subject.
6. the personal data were collected in relation to information society services offered in accordance with Article 8 (1) GDPR.

If we have made the personal data public and we are obliged to delete it in accordance with Art. 17 GDPR, we will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you have requested them to delete all links to this personal data or copies or replications of this personal data.

3.5.4 Right to restriction of processing

‍You have the right to demand that we restrict processing if one of the following conditions is met:
1. the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data,
2. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
3. we no longer need the personal data for the purposes of the processing, but you require the data for the establishment, exercise or defence of legal claims, or
4. you have objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of our company override yours.

3.5.5 Right to data portability

‍You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller without hindrance from us, where
1. the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR or on a contract pursuant to Article 6(1)(b) GDPR, and
2. the processing is carried out by automated means.

In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data transmitted directly from us to another controller, where technically feasible.

3.5.6 Right of objection

‍You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR, including profiling based on those provisions. We will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data are processed by us for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
You have the right to object, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) GDPR, unless the processing is necessary for the performance of a task carried out in the public interest.

3.5.7 Automated decisions including profiling

‍You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

3.5.8 Right to withdraw consent under data protection law

‍You have the right to withdraw your consent to the processing of personal data at any time.

3.5.9 Right to lodge a complaint with a supervisory authority

‍You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you is unlawful.

3.6 Integrated services / plug-ins

This website uses social plugins from the networks Facebook (Facebook Inc., 1601 South California Avenue, Palo Alto, CA 94304, USA), Google Plus (Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) and X (X Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA), among others. In particular, these allow you to share content from the website with your network contacts. Due to the integration, the network providers receive the information that the corresponding website of our Internet offer was accessed from your IP address. If you are logged in to the networks, the network providers can also assign your visit to our website to your network account.

3.6.1 Google Analytics privacy policy

‍‍Our website uses Google Analytics, a web analytics service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. To deactivate Google Analytics, Google provides a browser plug-in at http://tools.google.com/dlpage/gaoptout?hl=de. Google Analytics uses cookies. These are small text files that make it possible to store specific user-related information on the user's end device. These enable Google to analyse the use of our website. The information collected by this cookie about the use of our pages (including your IP address) is usually transferred to a Google server in the USA and stored there. We would like to point out that on this website Google Analytics has been extended by the code "gat._anonymizeIp();" in order to ensure anonymised collection of IP addresses (so-called IP masking). If anonymisation is active, Google shortens IP addresses within member states of the European Union or in other contracting states of the Agreement on the European Economic Area, which is why no conclusions can be drawn about your identity. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google complies with the data protection provisions of the "Privacy Shield" agreement and is registered with the "Privacy Shield" programme of the US Department of Commerce and uses the information collected to evaluate the use of our websites, to compile reports for us in this regard and to provide us with other related services. You can find out more at https://policies.google.com/privacy?hl=en-US. https://policies.google.com/privacy?hl=en-US.  

3.6.2 Privacy policy for Facebook

‍‍Our website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When you access our pages with Facebook plug-ins, a connection is established between your browser and the Facebook servers. Data is already transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not wish this data to be linked to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or clicking on a "Like" or "Share" button, are also passed on to Facebook. You can find out more at https://de-de.facebook.com/about/privacy. https://de-de.facebook.com/about/privacy.  

3.6.3 Privacy policy for X

‍‍Our website uses functions of X Inc, 1355 Market St, Suite 900, San Francisco, CA 94103, USA. When you access our pages with X plug-ins, a connection is established between your browser and the X servers. Data is already transmitted to X in the process. If you have an X account, this data can be linked to it. If you do not wish this data to be linked to your X account, please log out of X before visiting our site. Interactions, in particular clicking on a "Re-Tweet" button, are also passed on to X. You can find out more at https://twitter.com/privacy. https://twitter.com/privacy.

3.7 Contact details

Phone: +49 331 - 281 282 0
E-mail: privacy@interlake.net  

3.7.1 External data protection officer

‍Andreas Stürzl
Interactive EDP
Haidenholzstr. 33
83071 Stephanskirchen
Phone: +49 (0)8036-9080520
E-mail: dsb@interaktiv-edv.de
Internet: www.interaktiv-edv.de

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4. use of Nextcreate services and software

Given that the Internet is a global medium, you agree to comply with all local regulations regarding online behaviour and acceptable content. In particular, you agree to comply with all applicable laws regarding the transmission of technical data in the country, jurisdiction, state and locality in which you reside. Interlake makes no representation that the Services are appropriate or available for use in your location. Access to the Services from your jurisdiction is at your risk, and you are responsible for compliance with local laws.

4.1 Licence  

Subject to your compliance with the Terms and applicable law, we hereby grant you a non-exclusive, limited, revocable right to install, access and use the Services and Software that we provide to you and that you licence from us. Each licence may only be used by one (1) person and cannot be shared. This also means that account information of a company user may not be shared with other persons or parties. At the end of your licence term, your licences expire as specified in your order documents or the contract and cancellation terms for Nextcreate subscriptions.  
The versions or release status of the Services and Software programs available on your renewal date may differ from the versions that were available when you first received your licences from Interlake. You agree that your decision to use, access or purchase licences for the Services and Software is not conditioned on the availability of any future functionality or features or on any oral or written public comments we may have made about future functionality or features.

4.2 Intellectual property  

Interlake remains the sole owner of all rights, title and interest in and to the Nextcreate brand and all Nextcreate Services and Software. Further, as stated in the Terms, Interlake does not grant you any rights to patents, copyrights, trade secrets, trademarks or other rights with respect to the components in the Services and Software. This means that you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Interlake reserves all rights not granted under the Terms.  
Interlake respects the intellectual property and other rights of others, and we ask you to do the same. You are prohibited from uploading, posting or otherwise transmitting to or through the Services any content that infringes the intellectual property or other rights of any other party. Interlake is not responsible for the conduct of its users and assumes no responsibility or liability for any User Content or for any loss or corruption thereof.

4.3 Storage

Interlake recommends that you periodically back up your Content to another location, even if the Services also provide storage and this functionality is enabled by the applicable Services. Interlake may impose reasonable technical limits on your Content, such as file size, storage space, processing capacity or other attributes. We may suspend the Services until you are within the storage space limit associated with your account.  
Upon termination of the Service (e.g. at the end of the Subscription Term), you must cease using the Service as soon as possible and, unless otherwise expressly provided in these Special Terms and Conditions, all rights and licences granted to you and Participants will automatically terminate without further action. Interlake shall be entitled to suspend access to and use of the Service and the Account and Participant Accounts and all outstanding amounts shall become immediately due and payable.
At the end of your licence term, we will use commercially reasonable efforts to enable you to transfer your content from the Services. The transfer of uploaded content must be completed within your licence term. Upon expiration of the licence term, Interlake reserves the right to delete your Content. You should download any Content you have stored on the Services before your licence expires.

4.4 Showcases  

"Showcases" means files provided by Interlake as part of Nextcreate Services and Software that are identifiable as sample files and projects, such as audio or video files, visual files or other content files for use in tutorials, demonstrations and for other testing purposes. These sample files may not be used for any purpose other than that for which they were provided. You may not distribute sample files in a manner that allows third parties to use, download, extract or access sample files as a stand-alone file, and you may not claim any rights to the showcases.
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4.5 Free subscriptions and trial versions

Interlake may, in its sole discretion, provide free subscriptions, offers, trial subscriptions, beta or test versions. If you are granted access to the Services and Software for free or for trial purposes, such access is subject to these Terms. At any time prior to or during the free trial period, Interlake may, in its sole discretion, terminate free access for any reason, including to prevent abuse of free trial access, without prior notice and without any liability to you to the extent permitted by applicable law. After the free trial period expires, you may continue to use the Services or Software only by signing up for a paid subscription, if available or otherwise permitted by Interlake. During the free trial period, no express or implied warranties apply to the Services and Software; all Services and Software are provided "as is" with all faults, and no technical or other support is included.
Interlake may designate the Services or Software or a feature of the Services or Software as a trial subscription or test, pre-release, prerelease or beta version ("Beta Version"). A Beta Version does not represent the final Services or Software and may contain errors that could cause system failure or other downtime and data loss. The beta version may not be released for commercial use. You must immediately stop using the beta version and destroy all copies of the beta version if Interlake requests you to do so. In consideration for your use of a beta version, you agree that Interlake may analyse data, including crash data, about your use of the beta version and your content (including manual review) to improve Interlake's services and software programs and to personalise your user experience, regardless of whether you have disabled data collection for non-beta versions. If you do not want your usage logged or content analysed, you must stop using the beta version by uninstalling that beta version or using a non-beta version of the Services or Software.

4.6 Third-party services and software

Interlake may also make Third Party Software and Services (including plug-ins and extensions) available to you as a convenience through the Nextcreate Services and Software Programs. Third Party Software and Services are not Services and Software for purposes of the Terms, and your purchase and use of such Third Party Software and Services is solely between you and the Third Party Provider. You are responsible for complying with all applicable third party terms and conditions.  

4.7 Contents

‍4.7.1 Your contents

‍"Content" means any text, information, communication or material such as audio files, video files, 3D files, electronic documents or images that you upload, import, embed for use through the Services or Software or create through your use of the Services or Software. Interlake reserves the right (but is not obligated) to remove Content or restrict access to Content, Services and Software if any of your Content is found to violate the Terms. While Interlake does not screen all Content uploaded to the Services and Software, Interlake may use available technologies, vendors and procedures to screen for certain types of illegal content (e.g., child pornography) or other abusive content or behaviour (e.g., patterns of activity that suggest unsolicited commercial email or fraudulent extraction of sensitive information, or keywords that suggest adult content has been made available to minors).

4.7.2 Right of ownership  

As between you and Interlake, you as the corporate user retain all rights and ownership of your Content (or you may need to ensure that you or the Company (as applicable) have a valid licence for the Content). Interlake does not claim any ownership rights in Your Content.  

4.7.3 Sharing your content.

1. sharing: Some Services or Software may include features that allow you to share or publish your content. "Share" means to email, post, transmit, stream, upload or otherwise make available (to Interlake or other users) through your use of the Services and Software. Other users can use, copy, modify or share your content in many ways. Think carefully about what content you share or publish, as you are fully responsible for the content you share.
2. access level: Interlake does not monitor or control what others do with your content. You are responsible for setting the restrictions on your content and the appropriate level of access. It is your responsibility to let other users know how your content can be shared and to set the appropriate access and sharing settings for your content.

4.7.4 Feedback

‍You may, in your sole discretion, choose to provide us with ideas, suggestions, proposals or bug or crash reports ("Feedback") for the Services and Software. In such case, you agree that we shall own such Feedback and shall be free to use it for our business purposes, including by incorporating it into the Services and Software, without any payment, attribution or other obligation to you.
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5th account  

5.1 Account information and registration

As a corporate user, you are responsible for all activities that occur through your account, even if these activities do not originate from you or occur without your knowledge or consent. You are not authorised,  
1. intentionally or unintentionally disclose your account information (other than to an authorised account administrator to manage and change account information); or  
2. to use the account of another person.
3. make your personal account information available for use by other parties and persons inside and outside your organisation

Initial registration:  
1. the first step in logging in to use Nextcreate is authentication: we use Azure B2C as the standard authentication provider. We do not store any passwords. During authentication, the backend checks whether you are already known as a user: if yes, you will be taken directly to the Nextcreate portal; if no, the second step takes place.
2 After authentication, the second step takes place: registration with us. Further data must be entered here (name, e-mail address, company, agreement to the special terms of use). Additional data is only required for a paid licence (see section 3.2).

5.2 Account security

You are responsible for taking reasonable steps to ensure the security and control of your account. Interlake may require you to enable multi-factor authentication and provide a telephone number or alternative email address for security reasons. Interlake will not be responsible for any losses you may incur as a result of your account credentials being compromised or your failure to follow or respond to any notices or alerts we may send to your email address or phone number. You are responsible for keeping your email address and phone number up to date to receive any communications or alerts we may send you, and you are also responsible for carefully reviewing any messages purporting to be from Interlake or about Nextcreate to ensure that they are legitimate. We are not responsible if you are unable to access your account because you are unable to provide the appropriate login information such as password, email address or phone number. If you suspect that your account or security details have been compromised, please contact your account administrator or Nextcreate customer support.
You are solely responsible for all activities that take place under your account, including the activities of participants via the participant account. Neither you nor a participant may use the service for illegal or unauthorised purposes (see section 7).

5.3 Access for users/participants

In the dashboard of the service, you can specify (depending on the licence option selected) whether participants (e.g. users of the Nextcreate Playout app) must register an account ("participant account") in order to access the content. Each participant account may only be used by one natural person. Participants are not authorised to pass on account information or to use a participant account with multiple participants. In principle, the content in the mobile app is also accessible without an account, but this does not enable behavioural analysis, for example, and the option depends on the licence selected.

There are two options for registration:
1. single sign-on: It is possible for participants to log in using their company's single sign-on (e.g. Microsoft account). This has the advantage that known company accounts and passwords can be used for the first login.
2. new registration: In this case, the participant must provide an e-mail address and/or a (user) name and/or a password ("participant access data"). It is your responsibility to ensure that participants use the correct participant access data and keep it confidential and strictly personal.

Before handing over the service to an authorised transferee, the transferee agrees in writing to be bound by all these conditions.
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6 Updates and changes to the scope of services

Interlake may add, revise, change or remove (an "Update") some or all of the functionality or scope of the Service at any time in its sole discretion (either permanently or temporarily). Following such an Update, the definition of the term "Service" will automatically change without any further action by either party to incorporate such Update. We may also, in our sole discretion, upon reasonable notice, delete or discontinue (either permanently or temporarily) the Service without liability for any costs or damages. In this case, however, we will refund any fees you have paid in advance for the remainder of the subscription period in which the Service is cancelled.
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7 Prohibited uses & obligations of the user

You must use the services and software responsibly and must not misuse the services and software. For example, you are not authorised to,
1. use the Services and Software without or in breach of a written licence or contract with Interlake;
2. to copy, modify, make available, play back in real time (via streaming), sub-licence or resell the services and the software;
3. enable or authorise others to use the Services and Software using your account information;
4. offer, use or authorise the use of and access to the Services and Software in a computer services business, a third party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a timeshare basis, as part of a hosted service or on behalf of a third party;
5. access or attempt to access the Services and Software by any method other than through the interface provided by Interlake or as authorised by Interlake;
6. to circumvent access or usage restrictions that are intended to prevent certain uses of the services and software;
7. share content or otherwise engage in conduct that infringes the intellectual property rights of others. "Intellectual Property Rights" means copyrights, moral rights, trademark rights, trade dress rights, patent rights, trade secret rights, rights to protect against unfair competition, rights of privacy, rights of publicity and all other proprietary rights;
8. share content or engage in behaviour that is unlawful, harmful, threatening, obscene, violent, abusive, immoral, libelous, defamatory, vulgar, indecent, profane, invasive of another's privacy, hateful or otherwise objectionable;
9. release content that sexualises minors or is intended to enable inappropriate interactions with minors, other users or the public;
10. impersonate any natural or legal person or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
11. attempt to disable, impair or destroy the Services or the Software;
12. upload, transmit, store or make available any content or code that contains viruses, malicious code, malware or components that impair or limit the functionality of the Services or Software;
13. interfere with or impair other users in their use of the services and software or prevent them from using them (e.g. by harassment, intimidation, harassment or incitement to violence or self-harm);
14. engage in fraudulent activities such as payment and refund fraud;
15. artificially manipulate or interfere with the services and software;
16. create accounts to violate the Terms or our policies (or to circumvent other actions taken by Interlake), including but not limited to creating fake accounts or circumventing an account cancellation;
17. manipulate or otherwise display the Services and Software using framing or similar navigational technology; or
18. violate applicable law.
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8 Payment

8.1 Payment

You will pay the fees for access and use of the Service ("Fees") as set out on the Website or in the Agreement. We will charge the Fees each month or calendar year, depending on the subscription you choose through your Account. If payment cannot be made for any reason, we reserve the right to downgrade your subscription to the free version of the Service or suspend your access and use of the Service without liability for any costs or damages incurred. The fees vary depending on the licence option you have chosen. You can upgrade your chosen solution at any time via your account, after which we will charge the additional fees for the upgrade. You can downgrade the subscription. If you have a monthly subscription, we will reduce the fees accordingly in the next month, and if you have an annual subscription, we will reduce the fees accordingly from the beginning of the next year. You are responsible for all excise duties, VAT and any other taxes associated with your use of the Service. We may reasonably increase the fees upon thirty (30) days prior notice to you (and charge your credit card with the appropriate increased fees).
We reserve the right to charge reasonable fees for support that goes beyond our usual support activities.

8.2 Taxes and third-party fees  

You must pay all applicable taxes and applicable third-party fees (including VAT and fees for telephone, mobile phone, internet service providers, data subscriptions, credit cards, exchange rates and foreign transactions). Interlake is not responsible for these fees. If you have any questions regarding fees, please contact your banking institution. Interlake may take any action necessary to collect any outstanding fees from you. You are responsible for all associated collection costs and charges.  

8.3 Credit card information

You authorise Interlake or authorised suppliers to store your payment method and use it in connection with your use of the Services and Software, as described in your Nextcreate Subscription Agreement and Cancellation Terms. Interlake may participate in programmes supported by your credit card provider to attempt to update your payment information to avoid disruption to your Service. You grant Interlake or authorised suppliers permission to charge your account for the amounts you owe Interlake using the information provided.
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9 Warranty  

9.1 Liability clause

You expressly agree that the use of the services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Interlake and all directors, officers and other employees disclaim all warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or availability or results. Interlake does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained through Interlake or the Services will meet your expectations, and (v) any errors in the Services will be corrected. Interlake is in no way responsible or liable for any User Content or Third Party Content. Access to any material downloaded or otherwise obtained through the use of the Services is at your sole discretion and risk. You are solely responsible for, and hereby waive, all claims, causes of action and damages arising out of or related to such material.  
Interlake assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, User Content. Interlake is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, software, failure of any email or player due to technical problems or traffic congestion on the Internet or at any website, or any combination of these factors. This also includes damage to a user's or any other person's computer, mobile phone or other hardware or software related to or resulting from the use or downloading of materials in connection with the Internet and/or in connection with the Services.
Under no circumstances will Interlake be liable for any loss or damage, including loss or damage to User Content or personal injury or death, resulting from the use of the Service, from any User Content posted on or through the Service, or from any interaction between users of the Service, whether online or offline. You post User Content on the Service at your own risk.
Except as expressly provided in these terms and conditions, the service (including all materials) and support are provided "as is" and in good faith without warranty of any kind, either express, implied or statutory, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or use and any warranty of non-infringement. Without limiting the generality of the foregoing, we do not warrant the use, results or performance of the service, that the service will be uninterrupted, error-free or secure, or that the server(s) providing the service will be free of viruses or other harmful components.
In particular, the parties exclude any liability for claims arising from your use of the Services and Software. You access and use the Services and Software at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from your use of or access to the Services and Software.

9.2 Limitation of liability

Except as otherwise set forth in the Additional Terms, the parties, including without limitation any person or entity within Interlake involved in the creation, production, operation or support of the Service, shall not be liable to you or any third party for any direct, indirect, special, incidental, consequential, exemplary or punitive damages whatsoever and howsoever caused. This includes losses and damages that (A) result from loss of use, loss of data, loss of reputation, loss of revenue or loss of profits; (B) are based on any theory of liability including breach of contract or breach of warranty, negligence or other tortious action; or (C) arise from any other claim relating to your use of or access to the Services and Software. In the event of wilful misconduct or gross negligence, the statutory provisions shall apply.  
Notwithstanding anything to the contrary in this Agreement, Interlake's maximum aggregate liability to you for any cause whatsoever, regardless of the form of the claim, will always be limited to the lesser of the following amounts: (i) the amount you have paid to Interlake for the Services in the twelve months preceding the date of the claim(s); or (ii) the sum of one thousand euros (€1,000). If there are multiple claims, this limitation will not change. You acknowledge that if no fees are paid to Interlake for the Services, you will only be entitled to injunctive relief, unless otherwise provided by law. You will not be entitled to damages of any kind from the Interlake Parties, regardless of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You expressly agree that Interlake is not liable for the content or the defamatory, offensive or illegal conduct of any third party and that the risk of damage or harm from the foregoing remains solely with you.

9.3 Injunctive relief

You acknowledge that a breach of the Special Terms and Conditions will result in irreparable harm to us and will entitle us to inadequate damages. Accordingly, we may seek injunctive relief against you or any Participant in addition to any other remedies, such as a copyright infringement action. You further acknowledge and agree that this provision is necessary to protect our legitimate business interests and is reasonable in scope and nature.
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10 Cancellation and contract term

10.1 Cancellation  

You may cancel your subscription and terminate your use of the Services and Software at any time. Cancellation or termination of your account does not relieve you of the obligation to pay any outstanding fees associated with your subscription, including but not limited to early termination fees. This applies to both monthly and annual subscriptions.
Unless you cancel the service before the end of your subscription period, your subscription will automatically renew for the same subscription period (i.e. monthly or annually).

10.2 Cancellation by Interlake

Except as provided in the Additional Terms, we may terminate or suspend your right to use and access the Services and Software at any time with immediate effect and without refund of any prepaid fees if, in Interlake's reasonable discretion, any of the following apply:
1. you breach any of the conditions (or act in a way that shows that you do not intend to or are unable to fulfil the conditions).
2. you may not pay fees for the services and software on time.
3. you physically, verbally or otherwise abuse, threaten, bully or harass Interlake or Interlake employees.
4. you have repeatedly made and continue to make complaints in bad faith or without reasonable basis.
5. continuing to provide the Software or Services to you would violate applicable law.
6. Interlake decides to discontinue all or part of the Services and Software if a change in the law makes it impossible for us to continue providing the Services in your region. If we terminate the Terms or your use of the Services and Software without cause, we will use reasonable endeavours to notify you at least thirty (30) days prior to termination by sending a notice to the email address you have provided to us, as indicated above, with instructions on how to retrieve your Content. Upon cancellation by us, you may lose access to your Content.

If you believe that your account has been deactivated in error, you can appeal by following the procedure described when you try to log in to your account. If you have any questions about this, please contact Nextcreate Customer Support here.
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11 Other

11.1 German version

With regard to the interpretation and construction of the Terms and Conditions, only the German version shall prevail.

11.2 Severability clause

The failure of Interlake to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms or related documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that the other provisions of the Terms remain in full force and effect. If any provision of the Terms is unenforceable or invalid for any reason, the remainder of the Terms shall remain in full force and effect, and such provision shall be ineffective only to the extent of such unenforceability or invalidity.

11.3 Force majeure

Neither party will be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to Interlake) under the Terms if the delay or failure is due to unforeseen events occurring after the effective date of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockades, wars, terrorism, riots, natural disasters, if any such event prevents the affected party from performing its obligations or prevents Interlake from fulfilling its obligations, such as strikes, blockades, wars, terrorism, riots, natural disasters, refusal of authorisation by the government or other governmental authorities, where such event prevents or delays the affected party from performing its obligations and that party is unable to prevent or remedy the force majeure at reasonable cost.

11.4 Statute of limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11.5 Export regulations

You represent and warrant that neither you nor any Participant may use the Service in any manner that would require us, you or the Participant to obtain an export control licence, whether from a US, EU or other authority. Such use includes, without limitation, the training or use of weapons, whether biological, chemical, nuclear or otherwise, and for other military or nuclear devices.