Legal
These General Terms and Conditions (GTC) apply to YAY Photobooks white-label services and establish the agreement between YAY and business partners regarding our B2B partnership.
These General Terms and Conditions (GTC) apply to the products and services offered by YAY, Philipp Scheit, Dorfstr. 12 f, OT Sibstin, 23730 Altenkrempe, via our website https://yayphotobooks.com in the legal relationship between YAY and business partners who use our services within the framework of a contract concluded between the parties (hereinafter referred to as "Partner" or "Client").
These GTC apply to B2B partnerships where YAY creates digital and printed photobook products for the Partner's end customers.
Upon request, these GTC may be obtained from YAY at any time by email to photobooks@yaymemories.com or in writing.
By executing a partnership agreement with YAY, the Partner accepts the current version of these GTC as binding for all legal relationships between the parties.
These GTC apply exclusively to the legal relationship between YAY and the Partner. Any deviating terms or conditions of the Partner are hereby expressly rejected and shall not apply even if YAY does not expressly object to them individually.
The subject matter of YAY's services is the creation of photobooks for end customers of third-party applications, online galleries, and photo platforms using YAY's proprietary photobook software and related systems. As a service provider, YAY creates photobooks from photos, texts, and videos transmitted by the Partner for the respective end customer and handles billing to the end customer. The Partner receives a commission as specified in the individual partnership agreement.
YAY's responsibilities include, depending on the terms specified in the individual partnership contract: photobook creation, end customer support for photobook design, checkout processing, and coordination with printing services for delivery to end customers.
Pricing for services is determined through individual partnership agreements.
No legal entitlement to YAY's services exists.
Unless otherwise specified in the individual partnership agreement, the contract shall be concluded for an indefinite term.
Either party may terminate the contract with two months' written notice to the end of any calendar month.
The right to terminate immediately for cause remains unaffected.
YAY's payment provider is Stripe, Inc. Partners may remit payment through all payment methods offered by Stripe or by bank transfer upon invoice. All invoices shall be issued electronically via email to the address provided by the Partner. Invoice amounts are due immediately upon receipt without deduction.
No other payment methods are accepted.
Statutory regulations governing payment default shall apply.
All copyrights, usage rights, and industrial property rights to content, graphics, logos, images created by YAY, as well as to the software and databases underlying YAY's services, remain with YAY or the respective rights holders.
Partners may not submit content for which they lack the necessary rights to reproduce, modify, and use. Partners shall ensure all submitted content complies with applicable intellectual property laws.
YAY shall be liable for production errors and shipping defects only where such errors are demonstrably attributable to defects in YAY's photobook software or printing and shipping errors by subcontractors. YAY shall remedy such defects at no charge only when these conditions are met.
YAY is not obligated to accommodate requests or modifications submitted by end customers after photobook approval in YAY's preview portal or upon product receipt.
YAY's liability is limited to damages caused by gross negligence or willful misconduct. For ordinary negligence, YAY shall be liable only for breach of essential contractual obligations, and such liability shall be limited to the value of the affected order.
The liability limitation specifically includes:
Data protection violations attributable to proven GDPR compliance failures (particularly Article 32) are excluded from this liability limitation.
In cases of data protection violations or other material incidents, YAY shall promptly notify the Partner and implement appropriate remediation and damage mitigation measures.
Both parties undertake to maintain confidentiality of all proprietary information disclosed during the course of their business relationship.
YAY takes data protection seriously. Comprehensive information regarding data collection, storage, and processing practices is available in YAY's Privacy Policy.
These terms shall be governed by the laws of the Federal Republic of Germany.
For Partners who are merchants, public legal entities, or public special funds, the exclusive jurisdiction shall be YAY's place of business in Ostholstein, Germany.
For customer complaints, YAY refers to the Regulation on Online Dispute Resolution in Consumer Matters (EU Regulation 524/2013) and the EU Consumer Rights Directive (Directive 2011/83/EU).
A dispute resolution portal is available at https://portal.verbraucherschlichtung.at for settlement proceedings.
Partnership agreements may be modified only through written amendments signed by both parties.
Contracts may be withdrawn within fourteen (14) days of execution in accordance with applicable legal provisions governing commercial contracts.
For questions regarding these Terms and Conditions, please contact:
Email: photobooks@yaymemories.com
Phone: +49 174 600 4263
Address: YAY, Philipp Scheit, Dorfstr. 12 f, OT Sibstin, 23730 Altenkrempe, Germany
These Terms and Conditions are specifically tailored for YAY's B2B photobook partnerships.