Terms and Conditions

1 General

1.1 BreedingPlanner is a service provided by PS Media UG (limited liability) – hereinafter referred to as the “Service Provider” – and offers a Platform for Animal Breeders. By using BreedingPlanner, you as a user accept the following General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) for the use of the BreedingPlanner platform.

1.2 The Service Provider reserves the right to expand, modify, discontinue or improve services at any time, in particular if this serves technical progress, appears necessary or is required to prevent misuse. The Service Provider will only make such changes insofar as they are reasonable for the user or the Service Provider is legally obliged to do so.

1.3 With the consent of the user, the Service Provider may amend the content of the existing contract as well as these Terms and Conditions. Consent to the amendment shall be deemed granted if the user does not object to the amendment within one month after receipt of the notice of amendment. The Service Provider undertakes to inform the user of the consequences of failing to object as part of the amendment notice.

2 Subject Matter of the Contract, Contract Amendments

2.1 By consenting to the creation of a user account for the offered service, the user does not enter into any contractual obligations. In no case is an automatic contract concluded.

2.2 The user agrees that invoices will be provided exclusively in electronic form and will not bear a signature. Unless otherwise agreed, all prices are stated and billed in euros.

2.3 Voluntary and free-of-charge services and features may be expanded, adapted or discontinued at any time. In this case, the user has no entitlement to the continued provision of the service.

2.4 If a customer fails to pay an agreed fee, the Service Provider may suspend or restrict the service for that user, irrevocably delete all user content and block all user access.

3 Personal Data

The user assures that the personal data provided is true and complete. The user agrees that their data may be stored electronically. No data will be passed on to third parties unless the user expressly consents to this or such disclosure is necessary to fulfil the service package. Each user is obliged to keep their personal data up to date.

4 Contract Term, Termination, Suspension of Services

4.1 The contract begins upon commissioning and confirmation of the Terms and Conditions and data protection provisions. Unless otherwise stated in the respective service description, term-based contracts have a term of one month and are automatically extended by the same period unless the contract is terminated by the last working day of the previous month. Termination by email must be sent from the email address provided by the user as a contact address. The registered username and the termination date must be stated in the termination notice.

4.2 The Service Provider is entitled to terminate the contractual relationship unilaterally, without stating reasons, with four weeks’ notice to the end of a month. Termination without notice may occur if the Service Provider becomes aware of a breach of the user’s obligations (see Section 5) or if payment deadlines are exceeded by more than 21 days. A breach of the user’s obligations (see Section 5) may also result in civil and criminal consequences for the user. Fees paid in advance will not be refunded on a pro rata basis in such cases. The Service Provider is further entitled to deactivate the user’s website and block access if fees are not paid. By accepting these Terms and Conditions, the user expressly grants the Service Provider power of attorney to issue such a termination declaration.

4.3 Upon termination of the contractual relationship, the Service Provider is no longer obliged to provide the contractual services. The Service Provider may delete all user data stored on its servers. Transfer of user data to servers of a third-party provider is possible. Timely request and backup of data is the sole responsibility of the user.

5 General Obligations of the User

5.1 The user is responsible for all content provided or stored by them. The Service Provider is not obliged to review user content for potential legal violations.

5.2 The user undertakes to comply with all applicable national laws as well as the laws of the Federal Republic of Germany.

5.3 The user undertakes not to engage in any actions when using the service that violate the rights of third parties (including their personal rights).

5.4 The user undertakes not to provide any content that violates statutory prohibitions, public morals or the rights of third parties (see the following section for details). Furthermore, the user undertakes not to use the service provided by the Service Provider for spam purposes or link-building purposes. If the Service Provider is held liable as a third party or joint tortfeasor due to unlawful content provided by the user (e.g. claims for injunctive relief, revocation, correction, damages, etc.), the user shall be liable to compensate the Service Provider for damages and reimburse all costs incurred as a result of such misconduct. The user is also obliged to support the Service Provider in every possible way in defending against such claims.

5.5 The user undertakes to independently comply with all statutory obligations regarding the labelling of their content.

5.6 The user is responsible for regularly backing up all files and software settings to which they have access. Backups must be performed before any changes made by the user and before announced maintenance work, insofar as such maintenance has been announced in good time by the Service Provider. Backup copies created by the user must under no circumstances be stored on the Service Provider’s servers.

5.7 The user may not send mass emails with identical content (so-called “spam”) via the systems or servers of the Service Provider without the consent of the respective recipients. The user must apply the opt-in procedure.

5.8 The user may only use designs provided by the Service Provider for the services booked by them, unless expressly permitted by the Service Provider (permission may be requested). Likewise, the user is expressly prohibited from storing content provided by the Service Provider and transferring it to an external server without explicit consent from the Service Provider (which may also be requested).

5.9 The user is expressly prohibited from sending emails to third parties in the name of the Service Provider.

6 Content Moderation

If you use our services and store, upload or post content (text, image, audio or video contributions) on our online platforms, you are solely responsible for such content and must comply with the following rules.

6.1 Which content is prohibited?

Users may not store, upload or post any content on our online platforms that violates applicable law or the contracts concluded with us. In particular, users may not

• post content that is offensive, racist, glorifies or trivializes violence, incites hatred, is right-wing extremist, discriminatory, unconstitutional, harmful to minors or pornographic
• violate criminal or administrative offence law
• violate the contracts concluded with you or these Terms and Conditions
• infringe the rights of third parties (e.g. trademark or copyright rights)
• violate competition law
• violate laws or public morals
• contain malware or malicious code
• violate other rules or guidelines imposed by us (e.g. netiquette).

6.2 How is content reviewed?

We review content manually when it is discovered by our employees or when we receive corresponding notices from third parties. As a rule, we do not proactively review content. However, we reserve the right to review content at our own discretion for compliance with the above rules and to take appropriate measures where necessary.

6.3 What happens to prohibited content?

If there is a reasonable suspicion that content violates the rules stated herein, we will proceed as follows:

Blocking: The content concerned will initially be blocked without delay.

Right to respond: If we have the relevant contact details, we will contact the author of the content and grant them a reasonable period to respond. If the author does not respond within the specified period, the content will be deleted.

Final decision: If the author responds or if contacting the author is not possible, we will assess the matter based on the information available and decide which measures to take. Possible measures include:

• Indefinite blocking of the content concerned
• Permanent deletion of the content concerned
• Warning of the user
• Temporary suspension of the user (partial suspension may also occur)
• Ordinary or extraordinary termination of the contract
• Filing of a criminal complaint or report to the regulatory authority (if a criminal offence involving a threat to life, limb or personal safety is suspected, we are legally obliged to report it)

We carefully balance our decisions, taking into account in particular the rights and freedoms of the authors and the potentially affected parties. Follow-up measures will be proportionate, meaning that we will always choose the mildest measure appropriate to the violation. In particular, we take into account

• the severity of the violation
• the number and frequency of violations
• potential effects on our services, users and third parties
• the overall conduct of the user (e.g. their insight regarding the violation)
• fault (intent or negligence)
• motives for the violation (if discernible)
• the user’s statement (if available)

Information: If we have the author’s contact details, we will inform them of the outcome of our assessment; such information will not be provided if we are legally prohibited from doing so (e.g. due to ongoing police investigations).

6.4 How can unlawful content be reported?

If you find unlawful content on our online platform or suspect such content, you may inform us at any time. Our contact details can be found in our legal notice. Alternatively, you may use our central reporting form pursuant to Art. 16 DSA. Your personal data will not be disclosed to the author of the reported content.

7 Payment Terms

7.1 Throughout the entire contract term, the user must provide a valid bank account (Europe), credit card details with sufficient credit limit, or a sufficiently funded PayPal account.

7.2 Invoice amounts will be collected via direct debit from the specified bank account (Europe), charged to the credit card after invoicing, or debited from the PayPal account.

8 Service Disruptions

8.1 The Service Provider endeavours to ensure continuous availability and error-free functionality. However, the user acknowledges that uninterrupted availability of the service cannot be guaranteed for technical reasons and due to external dependencies (e.g. telecommunications networks). Therefore, the user has no entitlement to constant access. The Service Provider reserves the right to temporarily and/or partially restrict access, in particular in the event of server standby periods or for technical improvements, error corrections or maintenance.

9 Liability

9.1 The Service Provider shall not be liable for data loss of users or for unauthorized access by third parties to users’ personal data (e.g. due to hacking).

9.2 The Service Provider shall not be liable for misuse of information and data that users themselves have made accessible to third parties.

9.3 The Service Provider assumes no liability for loss of revenue or other damages resulting from service malfunctions or unavailability. Except in cases of injury to life, body or health, all claims for damages against the Service Provider are excluded. This exclusion does not apply to damages resulting from gross negligence or intentional misconduct by the Service Provider or its legal representatives or agents.

9.4 In the event of liability on the part of the Service Provider or its affiliated companies, the maximum liability amount shall correspond to the value of a paid minimum annual fee for the services provided by the Service Provider.

10 Data Protection

10.1 The Service Provider collects, processes and uses users’ personal data. Further information on data processing and data protection can be found in the Service Provider’s privacy policy, which can be viewed at any time on the Service Provider’s websites.

10.2 The user is aware that content stored on the server may be viewed at any time from a technical perspective by the Service Provider. Furthermore, it is theoretically possible that user data may be accessed by unauthorized third parties during transmission over the Internet.

10.3 Data created or entered by the user remains their property and may be exported by the user at any time, insofar as technically possible, or requested as an export from the Service Provider. The user undertakes to reimburse the Service Provider for the costs of data export.

11 Right of Withdrawal

11.1 Customers may withdraw their contractual declaration within 14 days without stating reasons in text form (e.g. letter, fax, email). The withdrawal period begins upon receipt of this instruction in text form, but not before conclusion of the contract and not before fulfilment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and our obligations pursuant to § 312g (1) sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the withdrawal is sufficient to meet the deadline. The withdrawal must be addressed to: [email protected] or sent by post to the Service Provider’s address stated below. In the case of contracts concluded exclusively by digital means, the user expressly agrees that performance of the contract may begin before expiry of the withdrawal period. The user is aware that by giving this consent, they lose their right of withdrawal once performance of the contract has begun.

11.2 In the event of an effective withdrawal pursuant to 11.1, usage fees will only be refunded for term-based contracts and only for the period after the withdrawal becomes effective for the remaining contract term. Fees for one-time services already rendered will not be refunded.

12 Customer’s Duty to Cooperate

12.1 The customer shall support the Service Provider in fulfilling the contractual services owed. This includes, in particular, the timely provision of information required for the performance of the service.

12.2 The customer shall perform all cooperation actions at their own expense.

13 Rights

13.1 The Service Provider grants the customer a simple, non-exclusive, unlimited right in terms of time and location to use the services provided in accordance with the contract. If the service is the subject matter of the performance, Sections 69d and 69e of the German Copyright Act (UrhG) shall apply.

14 Final Provisions

14.1 Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected. In accordance with Section 33 (1) BDSG and Section 4 of the Telemedia Data Protection Ordinance, users are hereby informed that their data is processed electronically in machine-readable form.

14.2 The law of the Federal Republic of Germany shall apply. This also applies to the registration of users from other countries. The place of jurisdiction is the registered office of the Service Provider.

Service Provider address:

PS Media UG (limited liability)
Am Lindbruch 66
41470 Neuss
Germany

Managing Director: Dr. Daniel Münter
Local District Court Neuss, HRB 20426
USt-ID: DE325674796

Last updated: January 2026