Terms and Conditions

These terms govern how we work together: what you get, what it costs, when it is ready and which rights you have in the result. Part A applies to all customers. Part B additionally applies to consumers, Part C additionally to businesses. References to statutory provisions refer to German law (BGB = German Civil Code).

Part A – For all customers

§ 1 Scope and provider

1. These terms apply to all contracts for video productions that you conclude with Motion ToGo UG (haftungsbeschränkt) (“we”) via our website. Our contact details are in the imprint.
2. We work for consumers (Section 13 BGB) and for businesses (Section 14 BGB). In the ordering process you choose “Private individual” or “Business”.
3. You can order from the countries offered in the ordering process. Private individuals can currently order if they reside in Germany.
4. General terms and conditions of businesses only apply if we expressly agree to them in text form.

§ 2 Our service

1. We produce videos in the style you choose or leave to us, according to the package you choose (Clip, Pro or Studio), with the extras you select. The exact scope – length, formats, voice-over, subtitles, included amount of material, delivery time and revision rounds – follows from the package description in the ordering process and the order confirmation. The catalog valid at the moment of your order is decisive.
2. We put together the Studio package individually on request. You receive a separate quote; these terms apply unless the quote provides otherwise.
3. We produce with AI tools and review every result ourselves before delivery (§ 15).
4. We do not owe a particular effect of the video – such as more sales, reach or applications. We owe a professionally crafted video that implements your confirmed brief and your material.

§ 3 Conclusion of the contract

1. In the configurator you put together your order in a few steps. On the summary “Does this look right?” you see all items, the total price including VAT and the expected date. You can correct any entry there via “Change”.
2. With the summary we make you a binding offer on the terms shown. You accept it by clicking “Order with obligation to pay”. This concludes the contract. Entering your payment details in the payment form afterwards is not the order but the payment.
3. Immediately afterwards you receive an order confirmation by email with the content of your order, these terms and – as a consumer – the information on withdrawal and the confirmation under Part B § 2.
4. A shared quote (quote page and PDF) secures price and scope for 14 days, but is not yet a contract. The contract only comes into being with “Order with obligation to pay”.
5. We store the contract text. You can see your order at any time on your order page. Details of the ordering steps are in the customer information.

§ 4 Prices, discounts and credits

1. All prices are final prices including 19% VAT. For businesses in Germany, summary, quote and invoice additionally show the net amount and the VAT.
2. Businesses based in another EU member state with a valid VAT ID (reverse charge) and businesses outside the EU pay the net amount without German VAT. We calculate the net amount per item from the final price and round to the cent. We check the VAT ID before the order.
3. We calculate discounts from the final price and show them in euros. Discount codes are subject to the conditions stated with the code (period, packages, number of redemptions in total and per customer). One code applies per order; discounts are not granted retroactively. If a code is no longer valid when you click “Order with obligation to pay”, we tell you before a contract is concluded.
4. Credits – for example from a referral – are offset against a later order. Cash payment is excluded.
5. Every package includes the amount of material stated in the catalog at the time of your order (currently 50 GB). You can buy more storage in steps during ordering or later on your order page (currently €400 for each further 100 GB, because we review and analyse all additional material). You see the price before you pay; after payment your upload limit goes up. For orders under an older catalog version, the material scale stated there applies; you then see any surcharge on your order page before you confirm it, and no production starts without your confirmation.
6. Amounts based on the package price (guarantee refund, additional revision round) are calculated from the package amount actually paid: the final price with German VAT, the net amount with reverse charge and outside the EU.

§ 5 Payment

1. Depending on country and amount, you pay by card, digital wallets, Link, Klarna or PayPal. Payment is processed by our payment provider Stripe.
2. Private individuals pay before production begins. Businesses in the EU can also pay by invoice (bank transfer, payable within 14 days); production then starts after receipt of payment. In individual cases we may release the start earlier.
3. If a payment fails or is not made, no production starts. We remind you and keep your order ready for 14 days. If payment has not been made by then, either party may withdraw from the contract.
4. You receive your invoice as a PDF with an electronic invoice (ZUGFeRD) on your order page.

§ 6 Dates and production start

1. Production start is the moment your payment has been received and you have submitted your complete material and your brief on your order page – in short: once your material is complete. If we announced a business closure before you ordered (shown in the ordering process), production starts when that closure ends.
2. You can order at any time. You see the expected date before ordering and the binding deadline from production start on your order page and in your production start email. How we schedule production internally does not move this deadline.
3. Delivery time from production start: With the Pro package you receive the link to the first preview by 8 pm (Berlin time) on the second business day (48 hours), with the Clip package by 8 pm on the third business day (72 hours). Business days are Monday to Friday, excluding public holidays in the German state of Brandenburg. For the Studio package the agreed date applies.
4. Our delivery guarantee applies to a late first preview (§ 11).

§ 7 Your cooperation

1. After ordering you upload your material on your order page, complete the brief and confirm with “That's everything – submit material” that your material is complete. Production starts with this (§ 6). After that we accept further material only by arrangement.
2. We produce your video in full – concept, copy, design, sound and edit – without interim approvals by you. We do not present script and voice to you for approval in advance.
3. You review the first preview on your order page: you confirm it or request a change (§ 10). We always correct typos, names, titles, phone numbers and mandatory information free of charge – this never counts as a round.
4. If we send you a question, the delivery time pauses from the moment the question is sent until you answer. An answer after 4 pm resumes the deadline on the next business day.
5. Please keep the originals of your material yourself. We store your material only for production and delete it according to the periods in the privacy policy.

§ 8 Your material and third-party rights

1. When uploading, you assure us that you hold the necessary rights to your material and that people shown or heard have consented to its use in the video. We provide a template for this consent. We store your assurance with a timestamp.
2. You are responsible for logos, trademarks, texts, music and other content you provide. The same applies to the legal admissibility of your advertising claims (for example price, health or environmental claims).
3. If third parties make claims against us because your material or your instructions infringe their rights, you indemnify us against these claims and the reasonable costs of legal defense, insofar as you are responsible for the infringement. We inform you without delay and agree on how to proceed with you.

§ 9 Content we do not produce

1. We do not produce content that violates laws, infringes third-party rights, degrades or discriminates against people, glorifies violence or is misleading.
2. We review advertising relating to health, financial products and legal services particularly carefully before production. We may require changes to claims.
3. If we only discover after the order that an order falls under paragraph 1, we may decline it. You then receive the amount paid back. If you are responsible for the violation and we had already started production, we may claim reasonable remuneration for the work done up to that point.

§ 10 Revisions

1. Included are one revision round with Clip, two with Pro and three with Studio. A round is a bundled list of changes that you send within 7 days of the preview – for example to texts, colors, order, music, voice or edit within the scope of the brief.
2. You receive the new preview by 8 pm on the second business day after the round arrives; a round received after 4 pm counts from the following business day.
3. We always fix mistakes we caused free of charge. This does not count as a round.
4. Each additional round costs 20% of the package amount paid, at least €79 (final price; with reverse charge and outside the EU the corresponding net amount). You see the price before sending; the round starts after payment.
5. A new concept, a different goal or new material is not a revision but a new order.

§ 11 Delivery guarantee

If the first preview arrives later than promised, we automatically refund part of the package price: 15% for a delay of up to 24 hours, then another 25% for every further 24 hours started, up to 100%. We still owe delivery; your statutory rights remain unaffected. Details, exceptions and a calculation example are in the guarantee terms.

§ 12 Cancellation and termination

1. Until production starts – that is, until you submit your material – you can cancel your order at any time free of charge via “Cancel order” on your order page. You receive the full amount back.
2. After production has started you can terminate the contract. We then retain the claim to the agreed remuneration, but must deduct what we save in expenses as a result of the termination.
3. The statutory right of withdrawal of consumers (Part B) remains unaffected.

§ 13 Delivery

1. We provide previews and finished videos on your order page. Previews carry a watermark.
2. The delivery package comprises one high-quality MP4 file per format ordered, subtitles as an SRT file per language booked and the extras booked.
3. The finished files are available for download for 24 months after delivery. Please save them on your side during this time.

§ 14 Rights of use

1. Upon full payment you receive the exclusive right of use, unlimited in time and territory, to the delivered video for websites, social media, online advertising, trade fairs, presentations and internal purposes. For these purposes you may also shorten the video and use excerpts. Our non-exclusive right to use the video as a reference under § 16 remains reserved.
2. Broadcasting on television or in cinemas requires a separate license; please contact us.
3. For music, stock material and synthetic voices you receive non-exclusive rights of use within the scope of the video, as permitted by our licenses from the respective providers. You may not use these components separately from the video.
4. Templates, design systems, animation components and tools we work with remain ours. You receive non-exclusive rights to them insofar as they form part of the video. We only deliver project files if you have booked the “Project files + master” extra – and then without licensed music and stock material.
5. Parts of a video generated exclusively by AI tools are not in every case protected by copyright. We grant you the rights insofar as such rights exist and belong to us.

§ 15 AI-assisted production

1. We produce with AI tools. Voice-overs are licensed AI voices from ElevenLabs – either designed as purely synthetic voices or provided with the consent of the respective voice actor. We do not replicate the voice or likeness of specific people – for example your own voice or that of your employees.
2. Where technically possible, we label the files with metadata on AI generation.
3. We review every result ourselves before delivery. Please check previews for factual accuracy, in particular names, prices, figures and advertising claims.
4. We do not use your material to train our own AI models.

§ 16 Use as a reference

1. Work sample. We may show finished videos as work samples: on our website, on our own social media channels and in presentations and proposals for prospective customers. For this purpose, by way of derogation from § 14 (1), we reserve a non-exclusive, non-transferable right of use. It covers the video in full or in excerpts, stills from it and a short description, such as industry, package and style. We only run paid ads with your video with your separate consent.
2. From when and for how long. Before we show a video for the first time, we notify you by email. The notice is sent no earlier than acceptance, for consumers no earlier than the provision of the final video files; we may show the video no earlier than 14 days after the notice. If you give us a later date – for example until your own publication – we wait until then (embargo). The right ends three years after delivery; we then remove the video from our website and our own channels.
3. Name and logo. For businesses we may show your company name, your logo and your brand with the video – only to indicate that the video was made for you, including in an overview of our customers. We do not create the impression that you endorse us beyond that. For consumers we show the video without your name and without any other reference to you as a person. We never publish names of contact persons or employees, prices, briefs, script drafts or raw material.
4. People in the video. If the video shows identifiable people or the real voice of a person can be heard, we only show it if these people have separately consented to our use as a reference. These terms and your assurance under § 8 do not replace such consent; in that case we ask for it specifically. Without consent we show at most excerpts in which no one can be recognized or heard.
5. When we show nothing. We do not show the video
   • if you choose “Don't show as a reference” in the ordering process,
   • if you have objected (paragraph 6),
   • if you mark your order as confidential – for example internal training or a product that has not yet been launched – or we have agreed on confidentiality,
   • during an embargo under paragraph 2.
6. Objection. You can object to the use as a reference at any time, without giving reasons, with effect for the future: with the “Don't show as a reference” switch on your order page, via the link in the notice or informally by email. Within 7 days we then remove the video, company name and logo from our website and our own social media channels and do not use them in any new presentation. We cannot recall presentations already handed over or posts that third parties have shared.
7. Free of charge and independent. Opting out and objecting cost nothing and change neither price, date nor service. A review is independent of this and always voluntary.

§ 17 Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee we have given.
2. In the case of slight negligence we are only liable for breach of essential contractual obligations – that is, obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. Liability is then limited to the foreseeable damage typical for the contract.
3. Otherwise our liability is excluded. These rules also apply to our employees and agents.

§ 18 Confidentiality and data protection

1. We treat your material, your brief and your business information confidentially and use them only for your order. We only show the finished video in accordance with § 16.
2. How we process personal data is described in the privacy policy. For businesses, the data processing agreement also applies (Part C § 6).

§ 19 Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.
2. The contract languages are German and English. The German version prevails.
3. Should any provision of these terms be invalid, the remaining provisions remain valid. The statutory provision takes the place of the invalid provision.
4. Information on consumer dispute resolution is in the imprint.

Part B – Additionally for consumers

§ 1 Right of withdrawal

As a consumer you have a statutory right of withdrawal of 14 days from conclusion of the contract. Details are in the information on withdrawal. You can withdraw by letter, by email, with the model withdrawal form or – quickest – via the “Withdraw from contract” button in the footer of every page, without login and even after production has started.

§ 2 Early start of production

1. Because we deliver within a few business days, we begin production before the withdrawal period ends. This requires that you expressly request it before ordering via a separate, non-pre-ticked checkbox: “I expressly request that Motion ToGo begin the service before the withdrawal period expires. I am aware that my right of withdrawal ends once the contract has been fully performed.”
2. The checkbox is not combined with accepting these terms.
3. Your right of withdrawal expires as soon as we have fully performed the service, that is, when the finished video files are made available on your order page (Section 356 (4) BGB). If you withdraw before that, you owe compensation for the part of the service provided up to then (Section 357a (2) BGB).
4. In the order confirmation we confirm your request and your acknowledgement that the right of withdrawal expires.

§ 3 Rights in case of defects

1. For consumers, the statutory provisions on digital products apply under Section 650 (2) BGB (Sections 327 et seq. BGB). In the event of defects you have the statutory rights, in particular to subsequent performance.
2. Acceptance is not provided for consumers. The “Looks good – accept video” button is voluntary for you; it only confirms that you are satisfied and does not limit your rights.
3. Revision rounds (Part A § 10) and the delivery guarantee (Part A § 11) apply in addition to your statutory rights.

§ 4 Liability and place of jurisdiction

Part A § 17 also applies to consumers. The statutory place of jurisdiction applies.

§ 5 Notice on use as a reference

1. On the summary “Does this look right?” we point out the use as a reference under Part A § 16 in a separate box directly above the order button. There you opt out with the checkbox “Don't show as a reference”. Without the checkbox, Part A § 16 applies – always without your name.
2. Your choice is stated in the order confirmation. You can change it at any time later on your order page.

Part C – Additionally for businesses

§ 1 Business details

1. As a business you state your company name in the ordering process. By choosing “Business” you confirm that you place the order in the course of your commercial or independent professional activity.
2. The VAT ID is optional. Reverse charge only applies to businesses in other EU member states with a valid VAT ID verified by us.

§ 2 Acceptance

1. You accept the video with “Looks good – accept video” on your order page.
2. With the preview we set you a period of 7 days to accept the video or to name at least one defect. If you do not name a defect by then, the video is deemed accepted (Section 640 (2) BGB). We expressly point out this consequence with the preview.

§ 3 Defects and taste

A video that implements your confirmed brief and your material is not defective merely because it does not match your taste. We address design wishes – including the copy of the video – in the revision rounds (Part A § 10).

§ 4 Rights in case of defects

1. Please notify us of obvious defects in text form within 7 days of the preview being provided – via the message field on your order page or by email.
2. In the event of defects we remedy the defect or produce the video anew, at our choice. If subsequent performance fails, you may reduce the price, withdraw or claim damages in accordance with the statutory provisions.
3. Claims for defects become time-barred one year after acceptance. This does not apply in the cases of unlimited liability under Part A § 17 (1).

§ 5 Invoice and late payment

Invoices are payable within 14 days without deduction. In the event of late payment, the statutory rules for transactions between businesses apply.

§ 6 Data processing

If your material contains personal data, we process it on your behalf under our data processing agreement. You can read it before ordering and download it as a PDF. We conclude it with the order; we store your acceptance with a timestamp.

§ 7 Place of jurisdiction

If you are a merchant, a legal entity under public law or a special fund under public law, or if you have no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from this contract is the registered office of Motion ToGo UG (haftungsbeschränkt). We may also sue you at your registered office.