Terms and Conditions

Last updated: June 1, 2025

1. Scope

These Terms and Conditions ("T&Cs") apply to all contracts, services, and products provided by ProCurator by Patparius & blue media labs ("ProCurator"), including but not limited to:

  • Professional news curation and logistics services
  • Development and operation of AI-powered content processing systems
  • Channel management and email delivery services
  • Operation of websites, online tools, and web applications
  • Cloud-based software solutions for content curation

Individual written agreements between ProCurator and the client take precedence over these T&Cs.

2. Contract Conclusion

A binding contract is formed when:

  • The client accepts a written or electronic offer made by ProCurator, or
  • The client places a written or electronic order that ProCurator confirms.

All offers are non-binding unless explicitly marked as binding.

3. Services and Deliverables

The scope of services is defined in the individual agreement between the client and ProCurator.

Service descriptions, project specifications, or written agreements shall be binding components of the contract.

We reserve the right to make reasonable changes to our services if necessary to achieve the intended result, as long as this does not unreasonably affect the client.

4. Client Responsibilities

The client must:

  • Provide all necessary information and access needed to perform the services
  • Cooperate as required to complete the project successfully
  • Ensure that no unlawful content or data is provided for use within any service
  • Comply with all applicable laws and regulations regarding content distribution

If delays or additional costs occur due to missing or incorrect information, ProCurator may adjust the agreed timelines and/or pricing accordingly.

5. Payment Terms

  • All prices are net amounts in US Dollars, unless otherwise stated.
  • Invoices are due within 14 calendar days of receipt, unless otherwise agreed.
  • In case of late payment, ProCurator may charge statutory interest rates according to applicable law.

6. Intellectual Property

Unless otherwise agreed in writing:

  • ProCurator retains all intellectual property rights to any concepts, software, designs, and materials developed.
  • The client receives a non-exclusive, non-transferable right to use deliverables for their own business purposes.

Rights are only transferred to the client once full payment has been received.

7. Use of AI and Content Processing

When providing services related to AI-powered content processing:

  • We act as a service provider to the client, who is the responsible party ("data controller") regarding any user data.
  • We access, process, and store content strictly in accordance with the client's instructions and applicable AI platform terms.
  • The client is responsible for ensuring compliance with AI platform policies and any applicable data protection laws when using the services.

8. Cloud Services and Hosting

When using our cloud-based services or hosting:

  • We take reasonable technical and organizational measures to secure data and ensure availability.
  • However, absolute security and uninterrupted access cannot be guaranteed.
  • Scheduled maintenance or force majeure events (such as technical failures beyond our control) may cause temporary unavailability.

9. Liability

  • ProCurator is liable without limitation for damages resulting from intent or gross negligence.
  • For cases of slight negligence, liability is limited to typical foreseeable damages and only for breaches of essential contractual obligations ("cardinal obligations").
  • Liability for indirect damages, such as lost profits, is excluded unless explicitly agreed otherwise.

Mandatory liability under applicable law (e.g., Product Liability Act, liability for injury to life, body, or health) remains unaffected.

10. Data Protection

We process personal data according to applicable US and international data protection laws, especially relevant privacy regulations.

Please refer to our Privacy Policy for details.

11. Termination

Both parties may terminate the contract for good cause without notice if continuation becomes unreasonable.

Otherwise, contracts are binding for the agreed term and can be terminated following the terms set out in the individual agreement.

12. Applicable Law and Jurisdiction

  • The law of the United States applies, specifically the laws of [State of Incorporation].
  • Exclusive place of jurisdiction for all disputes arising out of or relating to these T&Cs is Hamburg, Germany, provided the client is a business entity.

13. Severability Clause

If any provision of these T&Cs is or becomes invalid, the remaining provisions remain unaffected.

An invalid provision shall be replaced by a valid one that comes closest to the economic purpose intended.